This court allowed a criminal application restoring a dismissed criminal appeal for restoration, correcting a clerical error regarding the date of the impugned judgment that caused an unwarranted delay finding.
Criminal Application allowed; Criminal Appeal No. 254 of 2008 restored to the file.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION No.392 OF 2009
IN
CRIMINAL APPEAL No. 254 OF 2008
Ajit @ Adhik Ashok Parab ..Appellant.
(Original accused)
Vs.
The State of Maharashtra .. Respondent.
Mr N.V. Sawant, Advocate for the Accused.
Mr S.R. Shinde, A.P.P. for the State.
CORAM : A.R. JOSHI,J.
DATED : 9th April,2009.
P.C.:-
1. Heard rival parties.
2. It is the application for restoration
of Criminal Appeal No. 254 of 2008 to the file
of this Court. The said appeal was earlier
dismissed for non removal of the office
objection as per the order of this Court dated
1.4.2008.
3. After hearing the submissions and on
going through the papers, it is apparent that
there was in fact no valid ground for removal
of any office objection i.e. delay in filing
appeal against the impugned judgment and order
of the learned Sessions Judge, Sindhudurga-Oras
in Sessions Case No. 24 of 2008 and the appeal
came to be filed on 18.3.2008 i.e. within 60
days. It appears it was happened due to
mentioning of the date of the judgment on first
page as "delivered on 21.1.2007" instead of
"delivered on 21.1.2008". In fact the said
judgment was delivered on 21.1.2008 and
accordingly sessions case was disposed of.
4. In view of above position, criminal
application is allowed. Criminal Appeal is
restored to file.
(A.R.JOSHI,J.)
2 issues framed by the court
Whether Criminal Appeal No. 254 of 2008 should be restored for technical reasons regarding the date of the impugned judgment?
Whether there was a valid ground for dismissal based on alleged delay in filing the appeal?
Ajit @ Adhik Ashok Parab
The State of Maharashtra
A.R. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court