Sham Bhivrao Thombare vs The State Of Maharashtra And ...
2023 Latest Caselaw 6769 Bom

                                       1                           40-CrAn-4347-22.odt




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD


                   CRIMINAL APPLICATION NO.4347 OF 2022
                          IN REVNST/11996/2022

                       SHAM BHIVRAO THOMBARE
                                VERSUS
               THE STATE OF MAHARASHTRA AND ANOTHER
                                   ...
              Advocate for Applicant : Mr. Datta A. Madake
             APP for Respondent No.1/State : Mr. Y. G. Gujrathi
                                   ...

                                            CORAM :        S. G. MEHARE, J.

                                            DATE       : 10-07-2023

PER COURT :-

1. The legal heir of respondent No.2 was appeared. However,

she did not turn up. It is a State case. The learned A.P.P. can

represent her. Hence, the matter is proceeded ahead.

2. Heard the learned counsel for the parties.

3. The learned A.P.P. has opposed the application. He submits

that the impugned judgment and order is correct. The reasons for

delay are not convinceable. Hence, the application may be

rejected.

4. Perusal of the reasons assigned for delay in the application

appear plausible as well as reasonable. No harm would be caused

to the respondent/State, if the delay is condoned. Hence, the

2 40-CrAn-4347-22.odt

order:-

i) Criminal application is allowed.

ii) Delay of 173 days in preferring criminal revision application

is condoned.

iii) Registry to register the revision application according to law.

iv) Upon registration, issue notice to the respondents,

returnable on 26.07.2023.

v) The learned A.P.P. waives service of notice for the

respondent No.1/State.

( S. G. MEHARE ) JUDGE

rrd