Lodba Namdeo Khadse vs The State Of Maharashtra
2021 Latest Caselaw 17376 Bom

                                                              921APPLN2051.2020
                                          -1-

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       BENCH AT AURANGABAD.

                  CRIMINAL APPLICATION NO. 2051 OF 2020
                                   IN
                  CRIMINAL APPEAL [ST] NO. 2758 OF 2020

 Lobda Namdeo Khadse                                                ...Applicant

          Versus

 The State of Maharashtra                                         ...Respondent

                                    .....
 Shri. Pravin B. Waghmare, Advocate appointed through Legal Aid, for
 the applicant
 Shri. S. J. Salgare, APP for respondent / State
                                    .....

                                   CORAM : V. K. JADHAV &
                                           SANDIPKUMAR C. MORE, JJ.

                                   DATE    : DECEMBER 14, 2021


 PER COURT : -

 1.               Heard.       Issue notice to the respondent.        Learned APP

waives service of notice on behalf of respondent / State.

2. The learned Counsel for the applicant/accused submits

that the applicant / accused is convicted for the offence punishable

under Section 302 of the Indian Penal Code by learned Additional

Sessions Judge, Nanded vide Judgment & Order dated 27.03.2019 in

Sessions Case No. 99/2016 and sentenced him to suffer imprisonment

SG Punde, PA

921APPLN2051.2020

for life and to pay fine of Rs. 5,000/-, in default, to undergo further

rigorous imprisonment for six months. Learned counsel submits that

the applicant/accused was in jail during trial and was never released

on bail.

3. Learned counsel submits that there is nobody in the

family except the wife of the applicant to look after his case.

Applicant's wife is also illiterate woman.

4. We have also heard learned APP for State.

5. In view of the submissions made by learned Counsel for

the applicant and for the reasons stated in the application, the same is

allowed. Delay of 512 days caused in filing the Criminal Appeal

against the judgment & order of conviction is hereby condoned.

6. Criminal Appeal be registered.

      [ SANDIPKUMAR C. MORE ]                                   [ V. K. JADHAV ]
              JUDGE                                                   JUDGE




 SG Punde, PA