Citation : 2022 Latest Caselaw 8530 Bom
Judgement Date : 29 August, 2022
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APPA)NO.722 OF 2022
IN
CRIMINAL APPEAL (ST) NO.6740 OF 2022
Anil Shamrao Chore
-Vs-
State of Maharashtra
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
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Mr.S.K.Jagirdar, counsel for the applicant.
Mr.M.J.Khan, A.P.P for respondent
CORAM : G.A.SANAP, J.
DATE : 29.08.2022.
1. Heard.
2. This is an application filed by the convicted accused, for condonation of 85 days delay in filing the appeal against his conviction and sentence vide judgment and order dated 29.03.2022. The appellant is convicted for the offences punishable under Sections 353,504,186 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rs.5,000/- and in default, to further suffer rigorous imprisonment for six months.
3. It is submitted that his substantive sentence was suspended for a period of 60 days by the learned trial Court. It is stated that the appellant is a heart patient
Kavita 29-appa 722-22.odt
and he has neurological problem and therefore, he could not contact the Advocate for filing of the appeal within time. The learned Advocate submits that necessary reasons have been set out in the application.
4. The learned APP submits that considering the facts and circumstances Court may pass an appropriate order. In the facts and circumstances and particularly for the reasons stated in the application, 85 days delay caused in filing the appeal is condoned. The application stands disposed of.
CRIMINAL APPEAL (ST) NO.6740 OF 2022
The appeal be registered.
CRIMINAL APPLICATION NO.6742(ST) OF 2022
1. Heard.
2. Issue notice to the respondent, returnable in two weeks.
3. Learned APP waives service of notice on behalf of respondent -State.
4. In the mean time, the substantive sentence, awarded shall remain suspended, subject to the appellant furnishing PR bond in a sum of Rs.25,000/- and one or two sureties in the like amount before trial Court. The appellant shall deposit the fine amount within one week from today in the Court below, if it is not deposited so
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far.
5. At the request of the learned APP two weeks time is granted for filing of the reply to this application.
6. Stand over after two weeks.
JUDGE
Signed By:KAVITA PRAVIN TAYADE P. A.
Signing Date:30.08.2022 18:15
Kavita
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