The High Court of Judicature at Bombay allowed an application for condonation of delay in filing permission to prosecute a criminal appeal. The 1474-day delay was attributed to the death of the husband, allowing condonation subject to depositing costs.
Application allowed; delay of 1474 days condoned subject to deposit of ₹5,000 costs within 15 days.
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.
cran1458.12
-1-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1458 OF 2012 IN CRIMINAL APPLICATION NO. 1459 OF 2012 IN CRIMINAL APPEAL NO. 779 OF 2004
Lata Tanaji Zade
...Applicant
Versus
The State of Maharashtra
...Respondent
Mr. S.J. Salgare, advocate for the applicant Mr. D.V. Tele. APP for respondent
CORAM: T.V. NALAWADE, J.
DATE: 20TH JUNE, 2012
PER COURT:-
cran1458.12
prosecute the appeal to challenge the decision of the Sessions Court. In view of the circumstances, this Court holds that the delay of so many days, caused in filing the application after the death of the husband of the applicant, can be condoned subject to condition that the applicant to deposit some costs.
2 issues framed by the court
Whether the delay of 1474 days in filing an application for permission to prosecute a criminal appeal should be condoned.
Whether the applicant qualifies for condonation of delay due to the death of the deceased appellant.
Lata Tanaji Zade
The State of Maharashtra
T.V. NALAWADE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
