Vijaykumar Bansilal Bothra vs The State Of Maharashtra And ...
2022 Latest Caselaw 8771 Bom

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           BENCH AT AURANGABAD


                   27 CRIMINAL APPLICATION NO.3578 OF 2018
                   WITH APPLN/3243/2019 IN APPLN/3578/2018
                            WITH APPLN/6701/2015


                            VIJAYKUMAR BANSILAL BOTHRA
                                       VERSUS
                    THE STATE OF MAHARASHTRA AND OTHERS
                                          ...
    Miss. Riya Jariwala, Advocate h/f Mr. R.A. Karwa, Advocate for applicant
                      Mr. M.M. Nerlikar, APP for respondent No.1
                                          ...

                                    CORAM :     SMT. VIBHA KANKANWADI AND
                                                RAJESH S. PATIL, JJ.

                                    DATE :      05th SEPTEMBER, 2022


PER COURT :



1               Present application has been filed for condonation of delay of

1149 days in filing appeal. The applicant is the informant - victim and on

the basis of the First Information Report lodged by him crime was registered

for the offence punishable under Section 452, 394, 397 read with Section 34

of the Indian Penal Code and under Section 3 punishable under Section 25 of

the Indian Arms Act as against original accused Nos.1 to 4 and as against

accused Nos.5 to 7 it was under Section 411 of the Indian Penal Code. After

2 Cri.Appln_3578_2018

the investigation the charge sheet was filed and the case was committed to

the Court of Sessions. Sessions Case No.154/2011 was tried before learned

Additional Sessions Judge, Jalgaon and all the accused persons came to be

acquitted by Judgment and order dated 13.08.2015.

2 The prosecution has come in appeal and after condonation of

delay the said application is pending for consideration. It is then stated that

separate application was filed by the present applicant in the said application

filed by the prosecution for assist to PP. But independently, now, the

informant who is victim wants to file the appeal.

3 Heard learned Advocate Miss. Riya Jariwala holding for learned

Advocate Mr. R.A. Karwa for the applicant and learned APP Mr. M.M. Nerlikar

for respondent No.1.

4 For the reasons stated for condonation of delay in the

application; the delay is condoned.

5 Registry to verify and register the appeal at this stage itself.

However, it is stated that the applicant has wrongly quoted the section as

'378(4) of the Code of Criminal Procedure', for the informant - victim only.

For the victim who has been covered under definition of Section 2(wa) of the

3 Cri.Appln_3578_2018

Code of Criminal Procedure, there is separate provision, that is, under the

proviso to Section 372 of the Code of Criminal Procedure and, therefore, the

appeal be registered under the said provisions.

6 The matter be placed after the registration of the appeal along

with Criminal Application No.6701 of 2015 on 04.10.2022.

7 Learned APP to supply the copies of depositions before the said

date, by giving a copy of the same to the other side, in advance.

( Rajesh S. Patil, J. ) ( Smt. Vibha Kankanwadi, J. )

agd