The Court, in a criminal application for delay in filing an appeal, examined affidavits proving service. It found sufficient cause made out and condoned the delay, rendering the application absolute and disposing of the matter.
Delay of 38 days condoned; Criminal Application made absolute and disposed of.
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.
appa-54-14.doc
1/2
rpa
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.54 OF 2016 (For Delay) IN CRIMINAL APPEAL (ST.) NO.33 OF 2016
The State of Maharashtra .. Applicant V/s. Indra Lalbahadur Khatri & Ors. .. Respondents
Mrs.M.M. Deshmukh, APP for Applicant – State. Mr.Vishal Laxman Kolekar h/f. Mr.Randhir A. Kale, Advocate for Respondent No.7.
CORAM : S.C. DHARMADHIKARI AND PRAKASH D. NAIK, JJ.
DATED : APRIL 18, 2018.
P.C. :
After earlier order passed by this Court, affidavits proving service have been filed and with the assistance of Mrs.Deshmukh, we have perused each of them.
2 We have satisfied that the notice of this application together with all copies of the proceedings has been duly served on all the respondents, namely, respondent nos.1 to 7.
rpa 2/2 appa-54-14.doc
3 Respondent no.7 has engaged an advocate.
4 There is no affidavit-in-reply denying any of the statements in this Criminal Application. For the reasons stated in the application, we find that sufficient cause is made out for condonation of delay in filing this Criminal Appeal. The delay of 38 days is condoned. Criminal Application, is, therefore, made absolute in terms of prayer Clause (e).
(PRAKASH D. NAIK, J.) (S.C. DHARMADHIKARI, J.)
1 issue framed by the court
Whether sufficient cause is made out to condone the delay of 38 days in filing the Criminal Appeal.
The State of Maharashtra
Indra Lalbahadur Khatri & Ors.
S.C. DHARMADHIKARI
PRAKASH D. NAIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
