Dismissed

The State of Maharashtra v. Sadanand Baburao Shelake and Ors.

Bombay HC13 Jan 2012APPLN/477/2010

Case brief

AI extract

What is this about?

In an application for condonation of 171 days delay in seeking leave to file an appeal against acquittal for offences under Sections 306, 498A and 34 IPC, the Court rejected the application as thoroughly unsatisfactory, noting the lack of justification for the procedural delay in inter-departmental transmission.

What did the court decide?

Criminal Application rejected; leave to file appeal denied.

The State of Maharashtra Vs Sadanand Baburao… — Criminal Trial and Appeal | Bombay HC (2012)

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1Appln 477-10.odt

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Anand

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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 CRIMINAL APPLICATION NO.477 OF 2010

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The State of Maharashtra.Applicant

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 V/s.

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Sadanand Baburao Shelake & ors .Respondents

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Mrs.M.R.Tidke, APP, for the Applicant � State
Mr.Deval A. i/b. Mr.Uday Warunjikar, Advocate,
for the Respondents

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CORAM:R.C.CHAVAN, J.
DATE:13TH JANUARY, 2012

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P.C.

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.Heard the learned counsel for the
respective parties.

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2.This is an application for condonation

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of delay of 171 days in seeking leave to file an

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appeal against acquittal of the respondents for

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the offences punishable under Sections 306, 498A

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read with Section 34 of the Indian Penal Code.

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The learned APP seems to have been unwell and

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resumed her duties on 1stJuly, 2009.

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2Appln 477-10.odt

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Thereafter, she sent a proposal on 12th October,
2009 i. e. after three months for which except
heavy work, there is no other justification.
There is absolutely no explanation as to why the
proposal was received in the Rural Development
Department and then it was forwarded to the Home
Department. The Home Department in turn

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forwarded to the Law & Judiciary Department
which claims that it took just 19 days for
processing the Appeal but this does not reduce
the gravity of delay in having sent the proposal
through Rural Development Department and Home
Department as also sitting over the matter from
1st July, 2009 when she resumed her duties on 12th
October, 2009. Therefore, explanation for the
delay is thoroughly unsatisfactory. Criminal
Application is, therefore, rejected.

The State of Maharashtra v. Sadanand Baburao Shelake and Ors.

Case brief

What is this about?

What did the court decide?

The State of Maharashtra v. Sadanand Baburao Shelake and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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The State of Maharashtra Vs Sadanand Baburao Shelake and Ors.