Pundlik Subhash Pillewad vs The State Of Maharashtra And ...
2023 Latest Caselaw 4423 Bom

                                             (1)                        906 cri apln 1367.23

                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            BENCH AT AURANGABAD

                   906 CRIMINAL APPLICATION NO.1367 OF 2023
                            IN APEALST/3497/2023

                          PUNDLIK SUBHASH PILLEWAD
                                   VERSUS
                   THE STATE OF MAHARASHTRA AND ANOTHER

                                          ...
                Advocate for Applicant : Mr. Kulkarni Govind Anilrao
                    APP for Respondents/State : Mr. A.M. Phule
                                          ...

                                      CORAM :          SMT. VIBHA KANKANWADI &
                                                       Y.G. KHOBRAGADE, JJ.

                                      DATE       :     28th April, 2023

P.C. :-

1. Issue notice to the respondents. Learned AGP waives notice for

the respondent no.1.

2. Though the respondent no.2 has been made as party it appears

from the operative order that the copy of the judgment was forwarded to the

Chairman, District Legal Services Authority, Nanded for deciding

compensation under Section 357(A) of the Cr.P.C. If the compensation is

awarded under Section 357 only then the said person would be necessary

party to whom the compensation is directed to be paid. Under such

circumstance, the learned advocate for the appellant seeks deletion of name of

(2) 906 cri apln 1367.23

respondent no.2 from all the connected matters. Amendment to be carried

out immediately.

3. Though the learned APP strongly objects condonation of delay, it

is to be noted that there is 86 days delay in preferring the appeal, it appears

that since the day of arrest the accused is in jail and it is his substantive right

to file an appeal. For the reasons stated in para nos.2 and 3, the delay stands

condoned and application stands allowed and disposed of. Registry to verify

and register the appeal.

[Y.G. KHOBRAGADE, J.] [SMT. VIBHA KANKANWADI, J.]

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