Iqbal Singh Gumber v. The State Of Maharashtra And ANR

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27. IA 523 of 2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 523 OF 2025 IN CRIMINAL APPEAL (ST) NO. 2709 OF 2025 Iqbal Singh Gumber .....Applicant

Versus

The State of Maharashtra and Anr.

.....Respondents ----- Mr. Som Bhadra Singh - Advocate for the Applicant Ms. Rebecca Gonsalvez - Spl. PP for Respondent Nos. 1 and 2 a/w Mr. S. V. Gavand - APP for the Respondent-State. ----- CORAM : SARANG V. KOTWAL & S.M. MODAK, JJ.

DATE : 06th MAY 2025 P.C. :

1.

This is an application for condonation of the delay of 1 year and 284 days in filing the appeal against the order dated 19.04.2023 passed below Exh. 129 by the Special Judge for MPID Sessions Court, Greater Bombay.

2.

The learned Counsel for the Applicant submitted that this order pertains to the attachment of the property of the Appellant which was made absolute vide the impugned order. by SEEMA KSHITIJ YELKAR Date:

2025.05.08 18:13:12 +0530 SEEMA KSHITIJ YELKAR Seema

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27. IA 523 of 2025.odt The learned Counsel for the Applicant submitted that the Applicant on his part had made an application objecting to the making of the attachment absolute. However, while that application was pending, he came to know that the attachment was already made absolute before he had even made that application for raising his objection.

3.

In this view of the matter since the Applicant was unaware of passing of that order this delay is caused. He stated that he was not served with any notice before the attachment was made absolute.

4.

The learned Counsel for the Respondent Nos. 1 and 2 objects for condonation of the delay.

5.

However, considering the submissions made by learned Counsel for the Applicant and in the interest of the justice, the delay caused in preferring the criminal appeal is condoned. 6.

The interim application is disposed of.

(S.M. MODAK, J.) (SARANG V. KOTWAL, J.) Seema