Shaikh Pashamiya Gafoorsab vs The State Of Maharashtra
2022 Latest Caselaw 12443 Bom

                                                                       908-APPLN-3950-22.odt



              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         BENCH AT AURANGABAD

                    CRIMINAL APPLICATION NO. 3950 OF 2022
                                     IN
                    CRIMINAL APPEAL (ST) NO. 11025 OF 2022

Shaikh Pashamiya Gufoorsab                                 ..APPLICANT
      VERSUS
State of Maharashtra                                       ..RESPONDENT

                                     ....

Mr. S.B. Chavan, Advocate for applicant Mr. S.P. Deshmukh, A.P.P. for respondent - State ....

CORAM : R.G. AVACHAT AND R.M. JOSHI, JJ DATE : 01st DECEMBER, 2022

PER COURT :

1. Heard.

2. Issue notice to the respondent. Learned A.P.P. waives service of

notice for the respondent - State.

3. This is an application for condonation of delay of 925 days in

preferring the appeal against judgment and order of conviction. Perusal of

the application shows that on account of lock-down as well as for the reason

that the appellant is in jail, the appeal could not be preferred in time.

4. Learned A.P.P. opposed grant of application.

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908-APPLN-3950-22.odt

5. The appellant would not have gained anything by not preferring

the appeal in time. The circumstances in which the delay is caused itself is

justification for condonation thereof. Hence, in the interest of justice, the

delay caused in preferring the appeal stands condoned. Application stands

disposed of.

6. Appeal be registered. On registration, admit the appeal. Issue

notice on admission to the respondent. Learned A.P.P. waives service of

notice for the respondent - State. List the appeal on 15th December, 2022.

( R.M. JOSHI, J. ) ( R.G. AVACHAT, J. ) SSD

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