Subhash Sakharamji Bhakare v. The State Of Maharashtra Thr Pso Ps Koradi Dist Nagpur

1 909-APPA-787-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO.787 OF 2025 IN CRIMINAL APPEAL (STAMP) NO.7625/2025 Subhash Sakharamji Bhakare Vs. The State of Maharashtra, through PSO, PS Koradi, Dist. Nagpur Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Saoji Gedam, Advocate for the applicant.

Mr. G.S. Umale, APP for Respondent Sole.

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

DATED : 24 th SEPTEMBER, 1.

Heard.

2.

By this application, the applicant is seeking condonation of delay of 514 days in filing the criminal appeal, whereby the applicant has challenged the Judgment and Order dated 13.07.2023 passed by the Learned Ad-hoc DJ-5 and ASJ, Nagpur in Sessions Case No.613/2021, for the offences punishable under Sections 302, 201 read with Section 34 of the Indian Penal Code, 1860 (for short "IPC") and sentenced to suffer rigorous life imprisonment.

In the application, the applicant has stated that the delay of 514 days was caused due to lack of information and knowledge as the applicant is layman. The delay caused, is not intentional and deliberate one. In-fact the learned counsel for applicant submits that the delay was caused on the ground that the applicant's

2 909-APPA-787-2025.odt family has deserted as soon as the applicant was convicted and due to that he could not file the appeal within a prescribed period of limitation.

4.

Learned counsel for the applicant has stated various grounds in the application explaining the delay. The explanation tendered by the applicant is a reasonable one and the delay needs to be condoned. 5.

In view of that, this Court finds that the applicant has explained the delay properly. Hence, we pass the following order :-

O R D E R

(i) The application is allowed.

(ii) The delay of 514 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.

CRIMINAL APPEAL (STAMP) NO.7625 OF 2025 1.

Heard.

2.

Admit.

Call record and proceedings.

4.

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

CRIMINAL APPLICATION NO.809 OF 2025 1.

Heard.

2.

Issue notice to the respondents, returnable in four weeks.

3 909-APPA-787-2025.odt Learned APP waives service of notice on behalf of respondent/State.

4.

Keep this application for further consideration after a period of four weeks.

(S iddheshwar S. Thombre J.

) (Anil L. Pansare J.) Privel