The Mumbai High Court rejected the applicant's application for condonation of delay in filing an appeal against an acquittal. The court found the explanation for the 208-day delay insufficient.
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SNS
IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.10 OF 2011 IN
CRIMINAL APPLICATION NO. OF 2011
Municipal Corporation of Greater Mumbai ...Applicant. v/s. Subhash V. Jain & Anr. ...Respondents.
Ms Seema Rawade i/by Smt. V.K.Khatu ,advs. For the Applicant. Mr. Sandeep Naik i/by N.V.Vechalekar & Co. adv. For the Respondent No.1.
Smt. S.V. Sonawane, adv. For the R.No.1.
CORAM : J.H. BHATIA, J. DATED : AUGUST 25 , 2011.
P.C.
complainant and the accused was convicted by the trial Court and in
appeal, he was acquitted. Against that acquittal, BMC seeks to prefer appeal and by this application, prayer is made for condonation of delay
of 208 days in filing appeal. It is contended that the complainant was
not aware that the judgment was delivered on 27.11.2009. It was brought to the notice of the complainant for the first time in May, 2010 when the accused made application for refund of the fine amount in view of the
order of acquittal. Application for certified copy was made on 10.8.2010
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and certified copy was actually received on 24.8.2010. Appeal and the application came to be filed on 4.1.2011. In his application, no explanation is given as to why after having come to know about the order of acquittal in May, 2010, no application was moved for the certified copy till 10.8.2010. There is also no explanation as to why after getting the certified copy, applicant took more than four months time to file appeal and the application. In view of this, I find that the delay is not properly explained.
3 In the result, application stands rejected.
(J.H. BHATIA,J.)
1 issue framed by the court
Whether the delay of 208 days in preferring an appeal against an acquittal was condonable.
Municipal Corporation of Greater Mumbai
Subhash V. Jain
J.H. BHATIA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
