Yogesh S/O Vasanta Babulkar And Others. v. State Of Maharashtra Thr Pso, Ps Hinganghat

1 907-APPA-770-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APPA) NO.770 OF 2025 IN CRIMINAL APPEAL (STAMP) NO.7541 OF 2025 Yogesh S/o. Vasanta Babulkar and Others Vs.

State of Maharashtra Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Raunak Kurani h/f. Mr. N.H. Samudre, Advocate for the Applicants. Ms. N.R. Tripathi, APP for the Respondent Sole. CORAM: ANIL L. PANSARE AND SIDDHESHWAR SUNDARRAO THOMBRE, JJ .

DATED : 11 th SEPTEMBER, 1.

Heard.

2.

By this application, the applicants are seeking condonation of delay of 88 days in filing the criminal appeal.

3.

Learned counsel for the applicants submits that the delay caused in filing the criminal appeal is due to the reasons that the applicants are real brothers and there are no any other male members to look after the matter and therefore, they could not file the appeal within a period of limitation, after they are convicted by the Additional Sessions Judge, Hinganghat, Dist. Wardha, in Sessions Case No.114/2017 vide judgment and order of conviction dated 09th April, 2025.

2 907-APPA-770-2025.odt 4.

After hearing the applicants and the reasons mentioned by the applicants in the application, the applicants have explained the delay. Considering the explanation tendered by the applicants, we find that the delay needs to be condoned. Hence, we pass the following order :-

O R D E R

(i) The application is allowed.

(ii) The delay of 88 days in filing criminal appeal is hereby condoned.

(iii) Office is directed to register the appeal as per the procedure.

CRIMINAL APPEAL (STAMP) NO.7541/2025 1.

Heard.

2.

Admit.

3.

Call record and proceedings.

4.

Ms. Tripathi, learned APP waives service of notice on behalf of respondent.

(S.S. THOMBRE J.) (A.L. PANSARE J.) Privel