The Bombay High Court condoned a 42-day delay in filing a criminal appeal under Section 374(2) Cr.P.C. by a life convict and ordered the office to register the appeal after the Public Prosecutor requested time to verify facts.
Delay of 42 days in filing the appeal was condoned; the appeal was ordered to be registered.
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.
20-appa-919.2019.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 919 OF 2019 IN CRIMINAL APPEAL (ST) NO. 794 OF 2019
Bhausaheb Uttam Aware … Applicant
Versus
The State of Maharashtra … Respondents
Mr. Madhusudan Pareek for the applicant.
Mr. Arfan Sait, APP for the respondent State.
Mr. S.S. Gaikwad, Police Constable of Mohol Police Station present.
CORAM : B.P. DHARMADHIKARI & SMT.SWAPNA JOSHI, JJ. DATE : JUNE 21, 2019
P.C. :
Heard learned counsel (appointed) and the learned APP for
the State.
Learned APP is seeking time to verify the facts.
It is apparent that the applicant who is a life convict and in jail seeks condonation of delay of 42 days in filing the appeal under section 374(2) Cr.P.C.
As such we condone the delay. Office to register the appeal.
(SMT.SWAPNA JOSHI, J.)
(B.P. DHARMADHIKARI, J.)
1/1
nilegaonkar
2 issues framed by the court
Whether a delay of 42 days in filing a criminal appeal under Section 374(2) Cr.P.C. by a jailed life convict deserves condonation.
Whether the High Court can condone delay in the verification of facts by the Public Prosecutor before ignoring the appeal.
1 provisions across 1 enactments
Bhausaheb Uttam Aware
The State of Maharashtra
B.P. DHARMADHIKARI
SWAPNA JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
