Bandu Vishwanath Matte v. The State Of Maharashtra Thr Pso Ps Chandrapur Chity Tah And Dist Chandrapur

2025:BHC-NAG:9208-DB 1 904-APPA-786-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APPA) NO.786 OF 2025 IN CRIMINAL APPEAL (STAMP) NO.4305 OF 2025 Bandu Vishwanath Matte Vs.

The State of Maharashtra, through PSO, PS Chandrapur City, Tah. And Dist. Chandrapur Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. K.G. Rathi, Advocate for the petitioner.

Mr. A.B. Badar, APP for Respondent No.1.

CORAM: ANIL L. PANSARE AND SIDDHESHWAR S. THOMBRE, JJ .

DATED : 17 th SEPTEMBER, 1.

Heard.

2.

By this application, the applicant is seeking condonation of delay of 459 days in filing the criminal appeal, whereby the applicant has challenged the judgment and order dated 30.10.2023 passed by the Learned Extra Joint District Judge & Additional Sessions Judge, Chandrapur in Special (POCSO) Case No.130/2021.

3.

Learned counsel for the applicant has stated various grounds in the application explaining the delay. The applicant has stated that from the date of arrest, he was in jail and there was no any male member to look after the entire proceedings. The applicant specifically

2 904-APPA-786-2025.odt stated that the counsel was appointed through the legal aid and in that some procedural delay was caused. 4.

Having gone through the averments made by the applicant in the present application, the delay is properly explained. Therefore, we pass the following order :-

O R D E R

(i) The application is allowed.

(ii) The delay of 459 days in filing criminal appeal is hereby condoned.

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

(iv) The application stands disposed of.

(S iddheshwar S. Thombre J.

) (Anil L. Pansare J.) Privel