Application for condonation of 354 days delay in filing a Criminal Application seeking leave to appeal was allowed, as delay was non-willful and explained satisfactorily.
Condonation of delay of 354 days and disposal of the present Criminal Application.
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crap2650.11
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD
CRIMINAL APPLICATION NO. 2650 OF 2011 IN
CRIMINAL APPLICATION NO. 2648 OF 2011
The State of Maharashtra ...Applicant
VERSUS
Kundan Desraj Agrawal
...Respondent
Shri S.G.Nandedkar, A.P.P. for applicant Shri R.R.Mantri, A.P.P. for respondent
CORAM : SHRIHARI P.DAVARE, J.
DATED : 18th November, 2011
PER COURT :
2 This is an application preferred by the applicant for condonation of delay of 354 days caused in filing the accompanying Criminal Application seeking leave to file appeal against the judgment and order of acquittal dated 6.4.2010 passed by the learned Additional Sessions Judge, Amalner, in Criminal Appeal No.
2
crap2650.11
89 of 2008.
3 Shri R.R.Mantri, learned counsel for the respondent opposed the application vehemently and submitted that the present application is without any substance and same is devoid of any merits and same be dismissed.
4 Considering the contents of the application and also rival submissions advanced by the learned counsel for the parties, it appears that the applicant has explained the delay satisfactorily and it further appears that the delay caused in filing the accompanying application is not willful, deliberate and intentional and same deserves to be condoned in the interest of justice.
5 In the result, present Criminal Application is allowed in terms of prayer clause 'B' thereof and delay of 354 days caused in filing the accompanying application seeking leave to file appeal stands condoned and present Criminal Application stands disposed of accordingly.
(SHRIHARI P. DAVARE), JUDGE.
dbm/crap2650.11
1 issue framed by the court
Whether the delay of 354 days in filing the accompanying Criminal Application seeking leave to file appeal is condonable in the interest of justice.
State of Maharashtra
Kundan Desraj Agrawal
SHRIHARI P.DAVARE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court