Citation : 2024 Latest Caselaw 24859 Bom
Judgement Date : 27 August, 2024
2024:BHC-AS:34401
(5)-IA-3363-23.doc.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
Digitally
signed by
INTERIM APPLICATION NO.3363 OF 2024
BALAJI
BALAJI GOVINDRAO
GOVINDRAO PANCHAL
PANCHAL Date:
IN
2024.08.28
12:59:45
+0530 CRIMINAL APPEAL STAMP NO.16654 OF 2024
Atul Bajirao Patil ..Applicant
Versus
The State of Maharashtra & Anr. ..Respondents
Mr. Pratik P. Jadhav, for the Applicant.
Mr. Vinit A. Kulkarni, APP for the Respondent/State.
CORAM : SARANG V. KOTWAL, J.
DATE : 27th AUGUST, 2024
P. C.
1. This is an Application for condonation of delay of 43 days in preferring the Appeal.
2. The Applicant was convicted by the Additional Sessions Judge, Islampur vide the judgment and order dated 25 th April, 2024 passed in Sessions Case No.66 of 2022. The Applicant was convicted for the offence under Section 376(2)(n) of IPC and sentenced to suffer rigorous imprisonment for ten years and to pay fine of Rs.5,000 and in default to suffer rigorous imprisonment for six months. He was also convicted for commission of offence punishable under Section 506 of IPC and sentenced to suffer rigorous imprisonment for one year.
BGP. 1 of 2 (5)-IA-3363-23.doc.
3. Learned counsel for the Applicant submitted that after conviction, the Applicant has undergone mental stress. He wife was the only earning member from his family. She did not have knowledge about preferring the Appeal and the procedure for the same. It took some time to engage a lawyer. This has caused delay of 43 days in filing the Appeal.
4. Considering these submissions and in the interest of justice, the delay of 43 days caused in filing the Appeal is condoned.
5. The Application stands disposed of.
6. The Appeal be processed further.
(SARANG V. KOTWAL, J.)
BGP. 2 of 2
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