Rayakya Vaharya Padvi And Anr vs The State Of Maharashtra
2021 Latest Caselaw 4853 Bom

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                                    (1)

       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  BENCH AT AURANGABAD

              919 CRIMINAL APPLICATION NO.312 OF 2021
                        IN APEALST/860/2021

              RAYAKYA VAHARYA PADVI AND ANR
                                VERSUS
                  THE STATE OF MAHARASHTRA
                                    ...
       Mr Avinash R. Borulkar, Advocate (appointed) for applicants;
                 Mr S. J. Salgare, A.P.P. for respondent

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

DATE : 17th March, 2021

PER COURT:

1. This matter has been entrusted to the learned Advocate Shri.

Borulkar through the High Court Legal Services Sub-Committee,

Aurangabad. The applicants have been convicted by the Judgment

dated 14/03/2018, delivered by the learned Additional Sessions Judge,

Shahada, in Sessions Case No.69 of 2014 and he has been held guilty

of committing an offence punishable under Section 302 read with

Section 34 of the Indian Penal Code. They have been sentenced to

suffer life imprisonment.

2. Considering the above, the delay of 995 days has been caused in

filing this application on 02/02/2021. If the period of COVID-19

National Lock-down from 24/03/2020, till the relaxation of restrictions

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and unlocking on 01/02/2021 is considered, the period of delay would

be further reduced.

3. We do not find any laches or oblique motives attributable to the

conduct of the applicants. If the delay is not condoned, they will lose

an opportunity of challenging their conviction and the life sentence.

4. As such, this application is allowed. The delay is condoned. We

are not imposing costs since the applicants are serving out their

sentence.

5. Since there are no objections in the appeal, the appeal is

"ADMITTED". The learned Prosecutor waives service of notice on

admission.

6. We request the learned Additional Sessions Judge, Shahada to

prepare the appeal paper book in Sessions Case No.69 of 2014, as

expeditiously as possible and preferably on or before 31/07/2021 and

transmit the same along with the original record and proceedings and

the Muddemal property, if any, so as to reach this Court by

30/09/2021.

(B. U. DEBADWAR, J.) (RAVINDRA V. GHUGE, J.)

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