Kapil S/O Babulal Sharma v. State Of Mah. Thr. Ps Pratap Nagar Nagpur Dist.Nagpur

2024:BHC-NAG:9422 -1- 9.APPA.769.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR C RIMINAL APPLICATION (APP A ) NO.

OF 202 IN CRIMINAL APPEAL ST. NO. 6628 OF 2024 Kapil S/o. Babulal Sharma Vs.

The State of Maharashtra, thr. P.S.O., P.S. Pratap Nagar, Dist. Nagpur ********************************************************************************************** Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ********************************************************************************************** Mr. A.A. Vastani, Advocate for the Appellant. Mr. Suraj S. Hulke, APP for the Respondent.

CORAM : G. A. SANAP, J.

DATED : 21 st AUGUST, 2024.

.

Issue notice to the respondent.

2.

Learned APP waives the service of notice on behalf of the respondent.

3.

Heard learned advocate for the appellant and learned APP for the respondent.

4.

This is an application made by the appellant/accused for condonation of 226 days delay in filing the appeal against his conviction and sentence as per the order dated 25th October, 2023, passed by the learned Extra Joint District and Additional Sessions Judge (Special Judge, POCSO Court), Nagpur. The accused, on conviction, has been sentenced to suffer rigorous imprisonment for one year for the offence punishable under Section 363 of the Indian Penal Code, 1860, and rigorous imprisonment for twenty years for the offence punishable under

-2- 9.APPA.769.2024.odt Section 6 of the Protection of Children from Sexual Offences Act, 2012.

5.

The appellant has stated the reasons for delay in this application. Considering the reasons stated in the application and the nature of the impugned judgment and order challenged by the appellant, he deserves an opportunity of adjudication of his appeal on merits. Accordingly, 226 days delay in filing the appeal against the impugned judgment and order, is condoned. 6.

The appeal be registered.

7.

The application stands disposed of accordingly. CRIMINAL APPEAL ST. NO. 6628 OF 2024 8.

Heard.

9.

ADMIT.

10.

Issue notice to the respondent.

11.

Learned APP waives the service of notice on behalf of the respondent.

12.

Call for the record and proceedings.

(G. A. SANAP, J.) Vijay Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 23/08/2024 18:46:29