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Bombay High CourtIA/1643/2025disposed off

Rohidas Bhika Pawar v. State Of Maharashtra

2025-06-09Hon'Ble Shri Justice Sarang Vijaykumar Kotwal , Hon'Ble Shri Justice Shyam C. Chandak2 pages

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7-IA-1643-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.1643 OF 2025 IN CRIMINAL APPEAL [STAMP] NO.9162 OF 2025 Rohidas Bhika Pawar .....Applicant

Versus

The State of Maharashtra .....Respondent ----- Ms. Shivani S. Kunder, Advocate for the Applicant. Ms. Kranti T. Hivrale, APP for the Respondent-State. ----- CORAM : SARANG V. KOTWAL & SHYAM C. CHANDAK JJ.

DATE : 09th JUNE, 2025 P.C. :

1.

This is an Application for condonation of delay of 205 days in filing the Appeal against the judgment and order dated 30.7.2024 passed by the Additional Sessions Judge, Niphad, District-Nashik in Sessions Case No.146/2019. 2.

Heard Ms. Shivani Kunder, learned counsel for the Applicant and Ms. Kranti Hivrale, learned APP for the Respondent-State.

3.

Learned counsel appearing for the Applicant by PRADIPKUMAR PRAKASHRAO DESHMANE Date:

2025.06.10 11:03:43 +0530 submitted that the Appeal is filed with the help of Legal PRADIPKUMAR PRAKASHRAO DESHMANE Deshmane(PS)

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7-IA-1643-25.odt Services Authority of this Court. The Applicant was in jail since his arrest. There was no one to look after his interest. He was not financially sound and, therefore, the Appeal is filed with the help of the aforesaid Authority. Learned counsel submitted that as soon as she was appointed, she acted diligently and preferred this Appeal and, therefore, in the interest of justice the delay may be condoned.

4.

Though learned APP opposed condonation of delay, considering the submissions made by learned counsel for the Applicant and in the interest of justice, we are inclined to allow this Application. Hence, this order :

:: O R D E R ::

i. The Application is allowed.

ii. The delay of 205 days in preferring the Appeal is condoned. The Appeal be processed further.

iii. Interim Application is disposed of accordingly. ( SHYAM C. CHANDAK, J.) (SARANG V. KOTWAL, J.) Deshmane (PS)