Gopal Ganesh Kadam vs The State Of Maharashtra
2022 Latest Caselaw 12463 Bom

                                                                     909-APPLN-3965-22.odt




              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         BENCH AT AURANGABAD

                    CRIMINAL APPLICATION NO. 3965 OF 2022
                                     IN
                    CRIMINAL APPEAL (ST) NO. 11050 OF 2022

Gopal Ganesh Kadam                                       ..APPLICANT
      VERSUS
State of Maharashtra                                     ..RESPONDENT

                                      ....

Mr. B.N. Magar, Advocate for applicant Mr. R.V. Dasalkar, 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 186 days in

preferring the appeal against judgment and order of conviction. It seems that

the applicant could not file appeal as he was in jail and after he was released

on parole, he could get an opportunity to present the appeal for consideration

of this Court.

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909-APPLN-3965-22.odt

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

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.

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

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