Application to condone two-day delay in filing Criminal Application due to clerk's fault was allowed upon payment of fine.
Delay of two days in filing Criminal Application condoned upon payment of fine of Rs. 200/-.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.85 OF 2018
Mrs. Shalan Sadashiv Shinde .... Applicant Vs. The State of Maharashtra & Ors. .... Respondents
Mr. Kailas S. Surve I/by Mr. Amit J. Sheth for the Applicant. Mr. Abhay A. Jadhavar I/by Mr. Sachin K. Hande for Respondent nos. 2 to 11, 13 and 14.
Mr. Rahul Shinde I/by Mr. Samadhan A. Kashid for Respondent no.1 Mr. Y.M. Nakhwa, APP for the State.
Coram : Smt. Sadhana S. Jadhav, J. Date : 8th April 2019
P.C.
1 Heard the learned counsel for the applicant. The applicant
herein challenging the judgment and order dated 30th November 2017
passed by the District Judge-3 and Additional Sessions Judge, Sangli.
2 The learned counsel for the applicant submits that the Clerk of the Advocate had not filed V.P. in the new format and
therefore the delay of two days caused in filing the Criminal
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Application. The advocate had to leave Mumbai for urgent work and Synopsis, List of dates and Events could not be submitted due to the fault of the Clerk. The advocate for the respondents submits that this would not amount to sufficient cause for condoning the delay. However, in the interest of justice, since the litigant should not suffer due to fault of the advocates, the delay deserves to be condoned, upon paying fine of Rs.200/- to be deposited in this Court on/or before 22nd April 2019. The application is allowed. The delay is condoned.
( Smt. Sadhana S. Jadhav, J. )
2 issues framed by the court
Whether to condone a two-day delay in filing an application caused by the fault of the clerk.
Whether the applicant suffers injustice due to the advocate's clerk's fault.
Mrs. Shalan Sadashiv Shinde
The State of Maharashtra
Ors.
Sadhana S. Jadhav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
