The court considered an application for condonation of delay filed by an applicant residing abroad without relatives in India to file a criminal appeal challenging conviction under IPC 376. The court found sufficient cause.
Delay in preferring the appeal is condoned; application is 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.
(13)APPANo.3202019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.320 OF 2019 IN CRIMINAL APPEAL (ST) NO.302 OF 2019
Mitraprasad @ Govind Shivlal Bhurtel ... Applicant V/s.
The State of Maharashtra & Anr.
... Respondents
Mr.Adwait Bhonde, Advocate for the Applicant.
Mr.S.V.Gavand, APP for the Respondent/State.
CORAM : A.M.BADAR J.
DATED : 8th MARCH 2019.
P.C. :
1 This is an application for condonation of delay of 515 days in preferring the appeal challenging conviction under Section 376(2)(i) of the Indian Penal Code and resultant sentence imposed on the applicant/accused.
2 Heard both sides.
3 Perused the application. It is seen from averments made in the application that the applicant is resident of Nepal and he is having no relatives in India for taking care and preferring the
Gaikwad RD
(13)APPANo.3202019.doc
appeal challenging conviction and resultant sentence. This has occasioned delay. Sufficient cause is certainly made out. Therefore, the Order :
ORDER
(ii) The application is disposed of accordingly.
(A.M.BADAR J.)
2/2
Gaikwad RD
1 issue framed by the court
Whether delay of 515 days in preferring criminal appeal by appellantresident of Nepal lacking relatives in India constitutes sufficient cause for condonation of delay.
Mitraprasad @ Govind Shivlal Bhurtel
The State of Maharashtra & Anr.
A.M. Badar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
