Pravin S/O Shrirang Yelmule vs The State Of Maharashtra, Thr. ...
2021 Latest Caselaw 10329 Bom

                                                1                 2. Misc.Cri.APPA No.326.21

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     NAGPUR BENCH AT NAGPUR

                 MISC. CRIMINAL APPLICATION (APPA) NO.326/2021
                                         IN
                         CRIMINAL APPEAL NO.         /2021.
                            Pravin S/o. Shrirang Yelmule
                                         Vs.
                             The State of Maharashtra
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Office Notes, Office Memoranda of Coram,                                 Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
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                   Shri P. H. Khobragade, Advocate for Applicant.
                   Shri V. A. Thakare, A.P.P. for Non-applicant/State.

                                  CORAM : V. M .DESHPANDE AND
                                          AMIT B. BORKAR, JJ.

DATE : 04/08/2021.

1. Heard Shri P. H. Khobragade, learned counsel for the applicant.

2. This is an application for condonation of delay of 380 days in filing criminal appeal to challenge the judgment and order of conviction passed by the learned Additional Sessions Judge, Hinganghat, District Wardha dated 13.02.2020 in Sessions Case No.70/2017.

3. The applicant is in jail. Since he has not having any means to approach this Court, the High Court Legal Services Sub-Committee, Nagpur has appointed Shri P. H. Khobragade as a counsel to render him the legal services.

4. After hearing Shri P. H. Khobragade, learned counsel for the applicant; and Shri V. A. Thakare, learned

2 2. Misc.Cri.APPA No.326.21

Additional Public Prosecutor for the non-applicant/State, we are satisfied that the delay is properly explained. Hence, the criminal application is allowed.

5. Delay in filing the criminal appeal is hereby condoned. Application is disposed of.

6. Office to register appeal.

7. Shri P. H. Khobragade, learned counsel appointed through High Court Legal Services Sub-Committee, Nagpur, is entitled for fees for drafting and arguing the application for delay. Hence, the fees for the counsel appointed are at Rs.750/-.

                    CRIMINAL APPEAL NO.                     /2021.

                    1.             Heard.

                    2.             ADMIT.

3. Shri V. A. Thakare, learned Additional Public Prosecutor, waives service for the respondent/State.

4. Call for record and proceedings.

MISC. CRIMINAL APPLICATION (ST.) NO.2902/2021.

This application for suspension of sentence will be considered after the receipt of record and proceedings.

                                              JUDGE                                    JUDGE
RGurnule