The court allowed an application seeking condonation of a 10-day delay in filing a Criminal Application. The court found the delay was not willful and condoned it in the interest of justice, disposing of the matter accordingly.
Condonation of a 10-day delay in filing the accompanying Criminal Application seeking leave to file an appeal.
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crap3638.11
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD
CRIMINAL APPLICATION NO. 3638 OF 2011 IN
CRIMINAL APPLICATION NO. 3637 OF 2011
The State of Maharashtra ...Applicant
VERSUS
Dipak Suklal Netke ...Respondent
Shri S.N.Kendre, A.P.P. for applicant
Shri G.V.Wani, advocate for sole respondent
CORAM : SHRIHARI P.DAVARE, J.
DATED : 22nd November, 2011
PER COURT :
2 This is an application preferred by the applicant for condonation of delay of 10 days caused in filing the accompanying Criminal Application seeking leave to file appeal against the judgment and order of acquittal dated 28.4.2011 passed by the learned Judicial Magistrate, First Class, 7th Court, Jalgaon, in S.S.C.
2
crap3638.11
No. 2071 of 2008.
3 Shri G.V.Wani, 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 For the reasons stated in the application, 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 Hence, present Criminal Application is allowed in terms of prayer clause 'B' thereof and delay of 10 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/crap3638.11
1 issue framed by the court
Whether condonation of delay of 10 days for filing a Criminal Application seeking leave to file an appeal was justified in the interest of justice.
State of Maharashtra
Dipak Suklal Netke
Shrihari P. Davare
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court