Yadavrao Arjunrao Dongare vs The State Of Mah. Thr. Its Pso, Ps ...
2023 Latest Caselaw 7438 Bom

                                               1/2                            12.appa753.2023



               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH : NAGPUR

               CRIMINAL APPLICATION (APPA) NO. 753 OF 2023
                                   IN
                  CRIMINAL APPEAL (ST) NO. 3300 OF 2023
                               Yadavrao Arjunrao Dongare
                                           Vs.
        State of Maharashtra, Thru. PSO, PS Civil Lines, Tq. & Dist. Akola and anr.
----------------------------------------------------------------------------------------------
Office notes, Office Memoranda of
Coram, appearances, Court's orders                                  Court's or Judge's Orders.
or directions and Registrar's orders.
----------------------------------------------------------------------------------------------
                             Ms. Vidya Khobragade, Advocate h/f Mr. D.A. Sonwane,
                             Advocate (appointed) for applicant.
                             Mr. N.R. Rode, APP for respondent/State.


                                            CORAM         : VINAY JOSHI, AND
                                                            VALMIKI SA MENEZES, JJ.

                                            DATE          : 26.07.2023.


                                            Heard.


                             2.             This     is    an      application            seeking

condonation of delay caused in filing appeal raising challenge to the judgment and order of conviction dated 09.06.2021 passed in Sessions Trial No.7/2019.

Prity



                                                2/2                      12.appa753.2023

3. It is brought to the notice that the same convicted accused has already filed Criminal Appeal No.349/2021, which is pending on the file.

4. It appears that despite pendency of earlier appeal filed by convicted accused through Advocate of his choice, still he has applied for Legal Aid, who in turn preferred this application with appeal raising challenge to the same judgment and order.

5. In view of above, appeal filed through Legal Aid with delay condonation would not survive as the substantial appeal filed by accused through Advocate of his choice is pending.

6. The application stands disposed of accordingly.

7. Fees of appointed learned counsel be paid as per rules.

                                       JUDGE                         JUDGE




Prity