Brayan Ibrahim Keneath Bastiyan vs The State Of Maharashtra, Thr. ...
2021 Latest Caselaw 12234 Bom

                                             1                          3 appa 485.2021

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          NAGPUR BENCH, NAGPUR.
                   CRIMINAL APPLICATION (APPA) NO. 485 OF 2021
                                       IN
                       IN CRIMINAL APPEAL NO.      OF 2021
                             Brayan Ibrahim Keneath Bastiyan
                                             Vs.
               State of Maharashtra, through P.S.O., P.S. Gittikhadan, Nagpur
__________________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions          Court's or Judge's orders.
and Registrar's Orders.
                   Shri Shashibhushan Wahane, Advocate for the applicant.
                   Shri S.M. Ghodeswar, Advocate for the respondent/State.


                   CORAM : V.M. DESHPANDE AND AMIT B. BORKAR, JJ.
                   DATE : 31st AUGUST, 2021.

                   1.             This is an application for condonation of delay in
                   filing the appeal. As per the applicant the delay is 1 year and
                   270 days.
                   2.             Heard Shri Shashibhushan Wahane, learned counsel
                   for the applicants. The notice on behalf of the State is waived
                   by Shri S.M. Ghodeswar, learned Additional Public Prosecutor.
                   3.             Though this criminal application is coming for the
                   first time, we are of the view that it can be disposed today
                   itself.
                   4.             Three Sessions Trials i.e. Sessions Trial Nos.430 of
                   2015, 220 of 2017 and 366 of 2017 were decided and disposed
                   of by the Common Judgment dated 17.09.2019 by learned
                   District Judge-4 and Additional Sessions Judge, Nagpur. The
                   present applicant Brayan @ Ebrahim Keneath Bastiyan was
                   accused No.2 in Sessions Trial No. 430 of 2015. Along with




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                                    2                          3 appa 485.2021

         other co-accused he is directed to suffer life imprisonment.
         5.             During the course of the submission Shri Wahane,
         learned counsel for the applicant would submit that co-accused
         Sachin @ Anna Palti Danial Gabrel had approached this Court
         and has filed Criminal Application No. 735 of 2019 and it is
         admitted on 11.11.2019. Similarly, co-accused Ashish @
         Maddy S/o Virendra Rathod also approached to this Court by
         filing Criminal Appeal No. 154/2020 and the said is also
         admitted on 24.02.2020.
         6.             In view of the fact that the co-accused had already
         approached to this Court and their appeals are admitted and
         the appellant is in jail, we see no impediment for allowing this
         application by condoning the delay. Resultantly, we pass the
         following order :
                                          ORDER

1. The criminal application is allowed. The delay in preferring the appeal challenging judgment of the conviction in Sessions Trial No. 430 of 2015 dated 17.09.2019 stands condoned.

2. Office is directed to register the appeal.

3. The criminal application is disposed of.

CRIMINAL APPEAL NO. 2021

1. Heard Shri Wahane, learned counsel for the appellant.

2. ADMIT.

3. Shri S.M. Ghodeswar, learned A.P.P. waives service for the respondent.

                                              3                           3 appa 485.2021



                   CRIMINAL APPLICATION (APPA) NO.                         OF 2021

1. This is an application for dispensing with the filing certified copy of the judgment and order.

2. Shri Wahane, learned counsel for the applicant would submit that in view of the filing of the appeal by the co- accused the record is already received in the Registry of this Court.

His statement is accepted.

3. In that view of the matter, the criminal application is allowed and disposed of.

                                             JUDGE                                   JUDGE


C.L.Dhakate