Bombay High Court
Madhukar Kacharu Sanap vs The State Of Maharashtra And Ors on 19 July, 2022
Bench: Prakash Deu Naik
Ethape 1 12-WP-394-2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 3947 OF 2019
Madhukar Kacharu Sanap Petitioner
Versus
The State of Maharashtra & ors. Respondents.
Mr. Ashok Pandire for petitioner.
None for respondent No.2.
Mr. A. R. Patil APP for respondent/State.
Digitally signed
CORAM : PRAKASH D. NAIK, J.
by
DNYANESHWAR DNYANESHWAR
ASHOK ETHAPE ASHOK ETHAPE
Date: 2022.07.22
10:06:41 +0530
DATE : 19th July 2022
PC :
1. Respondent No.2 is absent. Notice is duly served
upon respondent No.2. On 22.06.2022 also, respondent
No.2 was absent. By way indulgence, petition was
adjourned till today.
2. The petitioner had preferred an appeal before the
Court of Sessions challenging the order dated
21.05.2018 passed by Learned JMFC 2 nd Court, Nashik
Road. Vide judgment and order dated 21.05.2018 the
petitioner was directed to pay maintenance of Rs.
5,000/- to the respondent No.2 and Rs. 3,000/- to
Ethape 2 12-WP-394-2019.doc
respondent No.3 per months from 18.07.2016. The
petitioner was also directed to pay compensation of Rs.
2,00,000/- to respondent Nos. 2 and 3.
3. There was delay of about 11 months in
preferring appeal before the Sessions Court challenging
the order dated 21.05.2018. The petitioner preferred
application for condonation of delay. The said
application was rejected by Additional Sessions Judge,
Nashik by order dated 05.07.2019.
4. Learned advocate for the petitioner submits
that the petitioner is labourer. He was required to go
out of village. There was communication gap between
him and his advocate. The petitioner could not fle
appeal. The mother of petitioner was hospitalised. The
petitioner was under treatment. The petitioner has
been paying maintenance. The delay in preferring
appeal may be condoned. The applicant has so far
deposited the amount of Rs.3,54,000/-. Learned
advocate on instructions from the petitioner, who is
Ethape 3 12-WP-394-2019.doc
present in the court, it is submitted that the amount of
Rs. 1,50,000/- would be deposited before the trial Court
within a period of 4 weeks from today towards
maintenance.
5. Order dated 21.08.2019 records that the petitioner
is ready to deposit Rs. 1,00,000/- within four weeks.
Notice was issued to respondent. Order dated
10.12.2019 records that petitioner deposited Rs.
1,00,000/-, pursuant to order dated 21.08.2019.
Considering the submissions of learned advocate for
petitioner and explanation for delay, the petitioner will
have to be permitted to contest the appeal on merits.
The delay is required to be condoned in the interest of
justice.
ORDER
(i) Order dated 05.07.2019 passed below exhibit-1 in
Criminal M.A. No. 118 of 2019 rejecting prayer for
condonation of delay in preferring the appeal is set
aside and the delay in preferring the appeal is
condoned.
Ethape 4 12-WP-394-2019.doc
(ii) The appeal preferred by petitioner challenging the
order dated 21.05.2018 passed by learned JMFC 2 nd
Court, Nashik Road be heard and disposed of on merits
in accordance with law.
(iii) Both the parties are directed to appear before the
Sessions Court on 17.08.2022.
(iv) The petitioner shall deposit amount of Rs.
1,50,000/- before the Court of JMFC 2 nd Court, Nashik
Road within a period of 4 weeks from today.
(v) Petition stands disposed of.
(PRAKASH D. NAIK, J.)
