Single judge allowed an instant criminal application seeking condonation of delay in filing an application for leave to appeal. The accepted delay was reduced to 24 days, and the delay was held to be condonable.
Application for condonation of delay in filing application for leave to appeal was allowed and the delay was condoned.
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.
(7)APPLNNo.1272018
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.127 OF 2018
Bajirao Dattatray Gaikwad ... Applicant V/s. Jaywant Krishnaji Kagale & Anr. ... Respondents
Mr.Rushikesh Patil i/b. Mr.Kedar P. Lad, Advocate for the Applicant.
Mr.P.H.Gaikwad-Patil, APP for the Respondent No.2/State.
CORAM : A.M.BADAR J.
DATED : 22nd OCTOBER 2018.
P.C. :
1 This is an application for condonation of delay in filing application for leave to appeal.
2 Heard the learned Counsel appearing for the applicant. He argued that though the application mentions the delay of 35 days, the actual delay is that of 24 days. The reason stated is time taken for preparation of the application for leave to appeal by contacting the Counsel at Mumbai.
1/2
Gaikwad RD
(7)APPLNNo.1272018
3 Averments made in the application are not controverted. The reason stated reflects sufficient cause. Hence, the Order :
ORDER
(iii) The application is disposed of accordingly.
(A.M.BADAR J.)
2/2
Gaikwad RD
2 issues framed by the court
Whether the delay of 24 days in filing the application for leave to appeal warrants condonation.
Whether the stated reason for delay constitutes sufficient cause.
Bajirao Dattatray Gaikwad
Jaywant Krishnaji Kagale & Anr.
A.M. Badar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
