The High Court of Judicature at Nagpur allowed condonation of a 28-day delay in filing a criminal appeal and subsequently admitted the appeal implicating conviction.
Condonation of 28-day delay; admission of Criminal Appeal No. 239 of 2012.
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 appa498.12.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, AT NAGPUR
CRIMINAL APPLICATION (APPA) NO.498 OF 2012 IN
CRIMINAL APPEAL NO.239 OF 2012
(Mohd. Afroz s/o Mohd. Jiyauddin ..vs.. State of Maharashtra, through PSO, PS Sonegaon,
District Nagpur)
Office Notes, Office Memoranda of Coram, ________________________________________________________________________________________________________________ Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders
________________________________________________________________________________________________________________Mr. A.B. Mirza, Advocate for the applicant/appellant, Mrs. N. Tripati, Addl.P.P. for the respondent.
CORAM : P.V. HARDAS & M.L. TAHALIYANI, JJ. DATED : JULY 17, 2012.
By this application, the applicant/appellant seeks condonation of delay of 28 days in filing an appeal challenging this conviction.
We have heard learned Counsel for the applicant/appellant and the learned Additional Public Prosecutor for the respondent and for the reasons stated in the application, the application is allowed and delay of 28 days is condoned.
CRIMINAL APPEAL NO.239 OF 2012
Since we have condoned the delay in filing of this appeal, this appeal is heard for admission at the request of learned counsel for the appellant.
Heard learned counsel the appellant. Admit .
2 appa498.12.odt
Learned Additional Public Prosecutor accepts notice of admission of appeal
JUDGE
JUDGE
pma
2 issues framed by the court
Whether delay of 28 days in filing criminal appeal is condonable.
Whether criminal appeal (No. 239 of 2012) is admitted after condonation of delay.
Mohd. Afroz
State of Maharashtra
P.V. Hardas
M.L. Tahaliyani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
