Suresh Babu Giri vs The State Of Maharashtra
2021 Latest Caselaw 2973 Bom

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                                                            4APPLN51.2019.odt

             IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                        BENCH AT AURANGABAD

                    CRIMINAL APPLICATION NO. 51 OF 2019
                                    IN
                    CRIMINAL APPEAL (ST) NO. 14 OF 2019

 Suresh Babu Giri                                                 ... Applicant

           Versus

 The State of Maharashtra                                       ... Respondent

                                    .....

Shri. S. P. Brahme, Advocate (appointed) for the applicant Shri. K. S. Patil, APP for respondent/State .....

CORAM : RAVINDRA V. GHUGE AND B. U. DEBADWAR, JJ DATE : 15.2.2021

PER COURT :-

1. The applicant suffers conviction for having committed an

offence punishable under Section 302 of the IPC and is sentenced to

suffer life imprisonment, vide the impugned Judgment dated

11.09.2015.

2. By this application, the applicant seeks condonation of

delay of 1153 days, caused in filing the Appeal.

3. The learned Prosecutor submits that, the delay does not

deserve to be condoned.

4APPLN51.2019.odt

4. We find that though the reasons mentioned in the

application may not be strong enough for condonation of a long

delay, we are of the view that if the delay is not condoned, the doors

of litigation would be closed on the appellant and he would not be in

a position to challenge his conviction and the life sentence.

5. In view of the above, Criminal Application No. 51 of

2019 is allowed. The delay of 1153 days is condoned. We are not

imposing cost since the applicant is serving out his jail sentence.

6. In view of the above, the appeal stands registered subject

to removal of all office objections within four weeks.

7. The Appeal is Admitted. The learned Prosecutor waives

service of notice on admission of appeal.

8. The appeal paper-book has been supplied to this Court.

9. List the appeal for final hearing on 14.06.2021.

       ( B. U. DEBADWAR )                      ( RAVINDRA V. GHUGE )
              JUDGE                                   JUDGE

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