Raj Esh S/O Raghunath Pandit vs State Of Mah. Thr. Thr. Pso. Ps ...
2023 Latest Caselaw 6323 Bom

                                                     1                        12.appr.207.2023

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

          CRIMINAL APPLICATION (APPR) NO. 207 OF 2023
                                     IN
 CRIMINAL REVISION APPLICATION (REVN) (STAMP) NO. 5211 OF 2023
                       Rajesh S/o. Raghunath Pandit
                                    .VS.
            State of Maharashtra , PSO Murtizapur, Distt Akola.
 _______________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
          Mr M. V. Rai, Advocate for the applicant
          Ms Mayuri Deshmukh, APP for the State


                               CORAM : G.A. SANAP, J.

DATE : JULY 04, 2023.

Heard.

2. Issue notice to the non-applicant.

3. Learned APP waives service of notice on behalf of non-applicant/State.

4. This is an application for condonation of delay caused for filing the revision application against judgment and order dated 22.12.2021 passed by the learned Additional Sessions Judge, Akola in appeal filed by the applicant against the conviction and sentence for the offence punishable under Sections 324, 452 read with Section 34 of the Indian Penal Code.

5. The applicant was taken in custody on the date of

2 12.appr.207.2023

the judgment. It is stated in the application that since he was taken in custody, he has been in jail. Therefore, he could not file the application against the judgment and order within the stipulated period. It is stated that there is delay of 96 days in filing the application. It is submitted that the sentence awarded is three years imprisonment. Learned Advocate for the applicant submitted that, therefore, the delay may be condoned.

6. Learned APP submitted that considering the nature of the order and the reasons stated in the application the Court may pass an appropriate order.

7. In view of the fact stated in the application, the application is allowed.

8. Delay of 96 days, caused in filing the revision application, stand condoned. The revision application be registered.

9. The criminal application stands disposed of, accordingly.

(G. A. SANAP, J.) Namrata