Virpal Jaimal Valmiki v. Dilip Vinayak Patki and Ors.
Case brief
What is this about?
A criminal application for condonation of five days delay in filing a leave petition to appeal an acquittal was admitted. The petition for admission is listed after six weeks. The delay is considered meager and condoned.
What did the court decide?
Delay of five days is condoned and the leave petition is listed for admission after six weeks.
What the court decided
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 15 OF 2009 IN CRIMINAL APPLICATION NO. 103 OF 2009
Virpal Jaimal Valmiki Vs Dilip Vinayak Patki & Others
.. Applicant
.. Respondents
Mr. Santosh Parab i/b Mr. S.D. Rupwate and G.P. Lasure for the Petitioner Mr. P.A. Pol for the Applicant
Mr. S.V. Kotwal i/b M.S. Mohite for Respondent Nos. 1 and 2
CORAM : A.R. JOSHI, J DATE : 05th May, 2009
P.C. :
- It is an application for condonation of delay of five days in preferring a Leave Petition to file an Appeal against acquittal of Respondents. The Respondents were acquitted by Special Metropolitan Magistrate, Mumbai for the offences punishable under Section 3 of the Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act,1989 and for other allied offences under IPC. The original complainant / present applicant preferred this delay condonation application. Considering a meager delay of 5 days, same is condoned and delay condonation application is accordingly disposed of. Leave Petition shall stand over after six weeks for admission.
Issues for consideration
3 issues framed by the court
Whether a delay of five days in filing a leave petition for an appeal against acquittal can be condoned.
What leave must be granted for filing an appeal against acquittal.
Whether the leave petition admission can be over to a specific date.
Parties & counsel
- applicant
Virpal Jaimal Valmiki
- respondent
Dilip Vinayak Patki
Coram
A.R. Joshi
Case details
As recorded by the court registry
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