Samsang S/O Anthik Jyohn v. The State Of Maharashtra Through Pso Police Station Sitabuldi Nagpur

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPA NO.1028 OF 2024 IN CRIMINAL APPEAL ST. NO.6429 OF 2024 Samsang s/o Anthik Jyohn (in Jail) (Vs.) The State of Maharashtra, through Police Station Sitabuldi, Nagpur ____________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. Amol K. Dobade, Advocate for the applicant/appellant. Mr. P.P. Pendke, APP for respondent/State.

CORAM : G.A. SANAP, J.

DATE : 22.10.2024 Heard.

2.

Issue notice to the respondent.

3.

Learned APP waives service of notice on behalf of respondent /State.

4.

Heard learned Advocate for the appellant and learned APP for the respondent/State.

5.

This is an application for condonation of 441 days delay in filing the appeal against the impugned judgment and order dated 28.06.2022, passed by the learned Ad-hoc District Judge-4 and Assistant Sessions Judge, Nagpur. The

2/3 appellant/accused has been sentenced to suffer rigorous imprisonment for five years and to pay a fine of Rs.5,000/- for the offence punishable under Section 353 of the I.P.C. He has been sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs.5000/- for offence punishable under Section 506(B) of the I.P.C. and he is further sentence to suffer rigorous imprisonment for three months and to pay a fine of Rs.1000/- for the offence punishable under Section 294 of the I.P.C. and he has been also sentenced to suffer rigorous imprisonment for six months and to pay a fine of Rs.1000/- for the offence punishable under Section 448 of the I.P.C.

6.

In view of the facts stated in the application, the application is allowed. The delay of 441 days caused in filing the appeal is condoned. 7.

The appeal be registered.

8.

The application stands disposed of accordingly.

CRIMINAL APPEAL ST. NO.6429 OF 2024 1.

Heard.

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ADMIT.

3.

Issue notice to the respondent.

4.

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

5.

Call for the record and proceedings.

JUDGE manisha Signed by: Mrs. Manisha Shewale Designation: PA To Honourable Judge Date: 23/10/2024 11:29:13