Single judge court allowed the criminal application filed by the State seeking leave to appeal against an order of acquittal, condoning the significant delay.
Criminal Application allowed; leave to file appeal granted pending production of requisite documents as per the prayer.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE
Criminal Application No.704 of 2007
IN
Criminal Application No.3960 of 2007
IN
Criminal Appeal No.of 2007
The State of Maharashtra ..
.... Applicant
(Orig.Complainant)
v/s.
Riyaz Siraj Inamdar & anr..... Respondents
(Orig.Accused Nos.1
& 2)
Mr.V.B. Konde-Deshmukh, APP for State.
Mr.Vikas Shivarkar for Respondents.
CORAM : B.H. MARLAPALLE &
SMT.ROSHAN DALVI, JJ.
Dated : 20th July,2009
P.C. :
1.Heard Mr.Konda-Deshmukh, learned Assistant Public
Prosecutor.
2.The State has filed Criminal Application No.3960 of
2007 seeking leave to appeal against the order of
acquittal, but belatedly and hence, this Application.
We condone the delay.
3.As per the Office Note, the Application is beyond time
2
by 51 days. The explanation furnished in the
Application-in-support makes out good and sufficient
reasons to condone the delay. Hence, the Application is
allowed in terms of prayer (b). Criminal Application
disposed of accordingly.
[SMT.ROSHAN DALVI, J]
[B.H. MARLAPALLE, J.]
2 issues framed by the court
Whether the delay in filing the criminal appeal is condonable.
Whether this appeal application is maintainable.
The State of Maharashtra
Riyaz Siraj Inamdar & anr.
B.H. MARLAPALLE
ROSHAN DALVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court