Upendra Mukhlal Sharma vs The State Of Maharashtra And Anr
2021 Latest Caselaw 1176 Bom

                                                                                 (3)IA-49- 21.doc




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                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY


                               CRIMINAL APPELLATE JURISDICTION


                               INTERIM APPLICATION NO.49 OF 2021
                                                   IN
                             CRIMINAL APPEAL (S) NO.7752 OF 2020


          Upendra Mukhlal Sharma                        ]    ...     Applicant/Appellant
                           vs.
          The State of Maharashtra & Anr.               ]    ...     Respondents


          Mr.Vikas B. Shivarkar, for Applicant.
          Ms.M.H. Mhatre, APP for State.


                                        CORAM : SMT.SADHANA S. JADHAV &
                                                N.R.BORKAR, JJ.

                                        DATE   :        18th JANUARY, 2021.

          P.C.


          1.      This is application seeking condonation of delay in filing the

          Appeal.



          2.        The appellant herein is convicted for the offences punishable

          under Sections 376(2)(f)(i)(n) of the Indian Penal Code                      read with

          Section 6 of the Protection of Children from Sexual Offences Act, 2012,



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                                                                     (3)IA-49- 21.doc



 by the learned Special Judge, Greater Bombay vide Judgment and

 order dated 27th September, 2018 in Special Case No.338 of 2017.



 3.      There is delay of 1 year and 275 days in filing the Appeal. For

 the reasons assigned in Paragraph No.5 of the application, the delay

 deserves to be condoned in the interest of justice. Hence, the order :



                                     ORDER

         i.       Application is allowed.

         ii.      The delay of 1 year and 275 days in filing the Appeal is

 condoned.

         iii.     Application stands disposed of accordingly.




[N.R.BORKAR, J]                             [SMT.SADHANA S. JADHAV, J]