Sanjay S/O Premlal Raut v. The State Of Maharashtra Thr. Pso, Gondia(Rural), Tq. And Dist. Gondia

2024:BHC-NAG:9421 -1- 10.APPA.770.2024.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. 6157 OF 2024 Sanjay S/o. Premlal Raut Vs.

State of Maharashtra, through its Police Station Officer, Gondia (Rural), Gondia ********************************************************************************************** Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ********************************************************************************************** Mr. S.A. Walde, Advocate for the Appellant.

Ms. H.S. Dhande, 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 131 days delay in filing the appeal against his conviction and sentence as per the order dated 19th December, 2023, passed by the learned Special Judge, Gondia. The accused, on conviction, has been sentenced to suffer rigorous imprisonment for twenty years for the offence punishable under Section 376(AB) of the Indian Penal Code, 1860; rigorous imprisonment for three years for the offence punishable under Section 506 of the IPC and rigorous

-2- 10.APPA.770.2024.odt imprisonment for twenty years for the offence punishable under 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, 131 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. 6157 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 18:45:22