Roshan S/O Khemraj Mohatkar vs State Of Mah. Thr. Pso Ps Kelwad ...
2022 Latest Caselaw 5799 Bom

                                                                                                                                                       45appa266.22.odt
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                                   THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          NAGPUR BENCH AT NAGPUR

                    CRIMINAL APPLICATION (APPA) NO. 266/2022
          Roshan Khemraj Mohatkar ..Versus...The State of Maharashtra and anr
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Office Notes, Office Memoranda of Coram,                                                                             Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
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                                            Mr. H.S.Chavhan, Advocate for applicant.
                                            Mrs. Mayuri Deshmukh, APP for respondent No.1/State
                                            Mrs. D.I.Charlewar, Advocate for respondent No.2 assisting prosecution.



                                                                                        CORAM : AVINASH G. GHAROTE, J.

DATE : 24/06/2022

Criminal Application (APPA) No. 266 of 2022 seeks condonation of delay in filing appeal against conviction of the appellant under Sections 363, 376(2)(i) of the IPC and Section 5(m) of the POCSO Act by the judgment dated 30.01.2020.

Considering the nature of the offence and the conviction and so also the reasons given in the application and in order to afford an opportunity to the appellant to contest the conviction on merits, though the same is opposed by the learned APP with the assistance of Mrs.Charlewar, appointed counsel for respondent No.2, the application is allowed.

The delay is condoned. Application stands disposed of.

Office to register the appeal. Mr. Chavhan, learned counsel for the appellant 45appa266.22.odt

orally prays for addition of victim as Respondent No.2.

Leave is granted.

The addition be carried out today itself. Upon the same being done issue notice returnable on 6.7.2022.

Learned APP shall ensure service of notice upon Respondent No.2, during the aforesaid time.

List the matter on 6.7.2022.

JUDGE Rvjalit

Digitally sign byRAJESH VASANTRAO JALIT Location:

Signing Date:24.06.2022 14:44