Rahul @ Golu S/O Suresh Gadekar vs The State Of Mah. Thr. Pso Wadgaon ...
2022 Latest Caselaw 10643 Bom

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                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          NAGPUR BENCH, NAGPUR.

                 CRIMINAL APPLICATION NO.301 OF 2022 (APPA)
                                    IN
                       CRIMINAL APPEAL NO.     /2022
                             Rahul @ Golu s/o Suresh Gadekar
                                            (Vs.)
                            The State of Maharashtra and another
    ____________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions             Court's or Judge's orders.
and Registrar's Orders.
                           Shri Sanket Walde, Advocate for the applicant.
                           Shri S.M. Ghodeshwar, APP for the respondent No.1/State.




                           CORAM : G.A. SANAP, J.

DATE : 13.10.2022.

This application has been filed for condonation of 1052 days delay caused in filing the appeal against the judgment and order dated 12.07.2017 passed by the learned Additional Sessions Judge, Yavatmal.

2. It is stated that the applicant, who was accused No.2 before the trial Court, is not financially well off and therefore, he could not file the appeal within time. His family members are 917 appa 301.22.odt..odt

doing labour work. There was no work available during Covid-19 Pandemic. It is submitted that the applicant is in jail, serving the sentence of seven years, awarded by the impugned judgment.

2. I have heard learned Advocate for the applicant and learned APP for the respondent No.1/ State.

3. Learned APP submits that considering the facts, appropriate order may be passed.

4. It is pointed out that the appeal filed by one of the accused by name Nandu against the same judgment and order, has been allowed and he has been acquitted. It is pointed out that the applicant has been convicted on the basis of same evidence.

5. According to the appellant, he has a good case on merits. On going through the record and particularly the reasons stated in the application, in my view, this is a fit case to condone the delay caused in filing the appeal.

6. Accordingly, the application is allowed. Delay of 1052 days caused in filing the appeal is condoned. The application stands disposed of in above terms.

917 appa 301.22.odt..odt

CRIMINAL APPEAL............../2022

1. The appeal be registered.

2. Admit.

3. Issue notice to the respondents.

4. Learned APP waives service of notice for respondent No.1/State.

5. The in-charge of the concerned Police Station shall serve the respondent No.2. CRIMINAL APPLICATION ST. NO.2380/2022

1. Issue notice to the respondents.

2. Learned APP waives service of notice for respondent No.1/State.

3. The in-charge of the concerned Police Station shall serve the respondent No.2.

JUDGE

manisha

Signed By:MANISHA ALOK SHEWALE

Signing Date:14.10.2022 12:56