Datta Ramesh Kadam vs The State Of Maharashtra And ...
2022 Latest Caselaw 10952 Bom

                                                         Cri. Appeal No.609 of 2021.odt


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                          CRIMINAL APPEAL NO.609 OF 2021

Datta s/o. Ramesh Kadam                                         ..Appellant
      Vs.
The State of Maharashtra and anr.                               ..Respondents

                                 ----
Mr.R.R.Chandak, Advocate for appellant
Mr.A.M.Phule, APP for respondent
                                 ----

                                    CORAM : R.G.AVACHAT AND
                                             R.M.JOSHI, JJ.

DATE : OCTOBER 18, 2022 ORDER :-

This is an appeal under Section 14A(2) of the Scheduled

Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 ("Act

of 1989", for short), taking exception to the order passed by learned

Addl. Sessions Judge-5, Latur, granting bail to respondent no.2 herein.

2. The order impugned herein was passed on 15.03.2021.

Proviso to Section 14A(3) speaks of limitation for preferring an appeal

under Section 14A of the Act of 1989. It prescribes period of 90 days

from the date of the judgment, sentence or order appealed from.

Proviso thereto gives further period of 90 days to prefer an appeal,

provided the High Court is satisfied that the appellant had sufficient

cause for not preferring the appeal within the period of 90 days.

Further proviso states that no appeal shall be entertained after

expiry of period of 180 days.

3. In the case in hand, the order impugned in this appeal

was passed on 15.03.2021. Present appeal has been filed on

25.11.2021, i.e. about eight months after the impugned order was

passed. There is nothing in the appeal memo to suggest when did

the appellant apply for certified copy and got the same. There is no

whisper in the appeal memo to suggest that the appeal has been

filed within a prescribed period of limitation, i.e. 180 days. We are,

therefore, not inclined to even to issue notice in this appeal. The

appeal, thus, stands disposed of.

         [R. M. JOSHI, J.]                         [R.G. AVACHAT, J.]




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