Bombay High Court
Santosh Baburao Lavrale vs The State Of Maharashtra on 3 March, 2022
Bench: V.K. Jadhav, Sandipkumar Chandrabhan More
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 22 OF 2022 IN
CRIMINAL APPEAL ST. NO. 42 OF 2022
Santosh s/o Baburao Lavrale Applicant
Versus
The State of Maharashtra Respondent
Ms. Vaishali A. Shinde, advocate (appointed) for the applicant
Mr. S. J. Salgare, APP for the Respondent-State.
CORAM : V.K.JADHAV AND
SANDIPKUMAR C. MORE, JJ.
DATE : 03rd March, 2022.
PC :
Heard issue notice to the respondents.
Learned A. P. P. waives notice for Respondent-State.
The applicant is a convict. The learned Additional
Sessions Judge, Ahmedpur, District Latur, by judgment and order
dated 26.04.2019 in Sessions Case No.08/2017, convicted the
applicant-accused for the offence punishable under Section 302 of
the Indian Penal Code and sentenced him to suffer rigorous
imprisonment for life and to pay fne of Rs.25,000/-. The applicant
has preferred an appeal against the said judgment and order of
conviction, which is delayed by 917 days.
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The learned Counsel appointed to represent the
applicant submits that the applicant was under trial and there is
no one in his family to look after his case. He is in jail since the
date of his arrest. The learned Counsel submits that the delay is
not intentional one and the applicant is prevented from all these
reasons to prefer the appeal in time.
The learned A. P., P. submits that appropriate order
may be passed.
Since the applicant was under trial and he was
convicted in the year 2019, we are inclined to condone the delay.
In view of the same, Criminal Application is allowed in
terms of prayer clause "B".
Criminal Application is accordingly disposed of.
(SANDIPKUMAR C. MORE) (V.K.JADHAV)
JUDGE JUDGE
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPEAL ST. NO. 42 OF 2022
Santosh s/o Baburao Lavrale Appellant
Versus
The State of Maharashtra Respondent
Ms. Vaishali A. Shinde, advocate (appointed) for the appellant
Mr. S. J. Salgare, APP for the Respondent-State.
CORAM : V.K.JADHAV AND
SANDIPKUMAR C. MORE, JJ.
DATE : 03rd March, 2022.
PC :
Leave to add victim Begum Salim Shaikh to whom
compensation has been awarded from the fne amount, as party
Respondent No.2.
Heard.
Admit.
Learned A. P. P. waives notice for Respondent No.1 on
admission.
(SANDIPKUMAR C. MORE) (V.K.JADHAV)
JUDGE JUDGE
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 23 OF 2022 IN
CRIMINAL APPEAL ST. NO. 42 OF 2022
Santosh s/o Baburao Lavrale Applicant
Versus
The State of Maharashtra Respondent
Ms. Vaishali A. Shinde, advocate (appointed) for the applicant
Mr. S. J. Salgare, APP for the Respondent-State.
CORAM : V.K.JADHAV AND
SANDIPKUMAR C. MORE, JJ.
DATE : 03rd March, 2022.
PC :
Issue notice to the Respondent.
Learned A. P. P. waives notice for Respondent-State.
Call Record & Proceedings.
List the Criminal Application for suspension of
substantive sentence and for bail, for hearing after receipt of
Record & proceedings.
(SANDIPKUMAR C. MORE) (V.K.JADHAV)
JUDGE JUDGE
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