Raju S/O Marotrao Pachbuddhe vs The State Of Mah. Pso Ps Frezarpura ...
2023 Latest Caselaw 162 Bom

                                             1                                5-APPA-4-2023.odt


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

                         CRIMINAL APPLICATION (APPA) NO. 4 OF 2023
                                             IN
                            CRIMINAL APPEAL ST. NO.9458 OF 2022
                             RAJU S/O MAROTRAO PACHBUDDHE
                                            Vrs.
                                THE STATE OF MAHARASHTRA
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Office Notes, Office Memoranda of                             Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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                          Shri G. D. Kale, Advocate (Appointed) for applicant.
                          Mrs. Mayuri Deshmukh, A. P. P. for respondent-sole.

                                                   CORAM: VINAY JOSHI AND
                                                          VALMIKI SA MENEZES, JJ.

DATE : 05/01/2023.

1. Heard.

2. This is an application for condonation of delay of 144 days caused in filing appeal challenging the order of conviction dated 09/05/2022 passed in Sessions Case No.139/2020, whereby the applicant (accused) has been convicted for the offence punishable under Section 302 of the Indian Penal Code.

3. From the date of conviction, the appellant is in jail and he was not in a position to engage Advocate at his cost. Advocate from legal aid panel has been appointed who has filed this application. The applicant is in jail and has no means to engage Advocate is sufficient cause to condone the delay as the matter pertains to his life and personal liberty. Moreover, learned APP fairly give no objection for condonation of delay.

2 5-APPA-4-2023.odt

4. In view of that, application is allowed. Delay caused in filing the appeal stands condoned.

5. Application stands allowed and disposed of.

CRIMINAL APPEAL ST. NO.9458 OF 2022

6. Heard.

7. This appeal is against the order of conviction for the offence punishable under Section 302 of the Indian Penal Code.

8. Perused the impugned Judgment and the reasoning recorded by the Trial Court while arriving at a conclusion of guilt.

9. Admit.

10. Call for Record and Proceedings.

11. Mrs. Mayuri Deshmukh, learned APP waives notice for respondent-sole.

       [VALMIKI SA MENEZES, J.]                             [VINAY JOSHI, J.]



  Choulwar



             Digitally signed by
VITHAL       VITHAL
             MAROTRAO
MAROTRAO     CHOULWAR
CHOULWAR     Date: 2023.01.06
             15:27:54 +0530