Granted an order to condone a 33-day delay in preferring an appeal by the State against a lower court judgment, subject to the payment of costs. The criminal application was allowed.
Criminal Application allowed on condition of payment of Rs. 1,000 costs.
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283appa6.12.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (Appa) NO.6 OF 2012 (State .vs. Deoram Dashrath Bandhate)
Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders
..................................................................................................................................................................... Mrs.R.A.Deshpande, A.P.P. for applicant/State. Mr.K.S.Motwani, Adv. for respondent.
CORAM : A.P. BHANGALE, J . DATED : 28th March, 2012.
Heard.
There is delay of about 33 days to prefer the appeal against the judgment and order dt.25.8.2011 in Special Criminal Case No.6 of 2010 passed by the Special Judge, Bhandara. According to the learned A.P.P., due to official steps required to be taken for to prefer appeal, delay has occurred, which is neither deliberate nor intentional. Learned Advocate for the respondent objected for condonation of delay merely because the State is preferring appeal. He submitted that delay ought not to be condoned.
Considering the reasons stated in the application, I am inclined to condone delay but subject to payment of costs in the sum of Rs.1,000/by the applicant herein to the respondent as a condition precedent. The amount shall be deposited
283appa6.12.odt 2
within a period of six weeks. The Criminal Application is allowed
accordingly.
JUDGE
jais
1 issue framed by the court
Whether delay in preferring an appeal by the State can be condonable.
State
Deoram Dashrath Bandhate
AP BHANGALE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
