Single judge allowed condonation of delay in filing appeal application for restoration. Ruled that notices to accused were not issued when leave was earlier rejected.
Condonation of delay allowed; application for restoration of Criminal Application No. 910/2018 allowed and listed for hearing.
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appp227.19.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION NO.227/2019 AND MISC. CRIMINAL APPLICATION NO.226/2019 IN CRIMINAL APPLICATION (APPA) NO.910/2018
Sau. Kanchan Badal Bhandawale .vs. State of Maharashtra, through PSO P.S. Pusad and Others.
_______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Mr. A. V. Band, Advocate for applicant. Mr. A. M. Johsi, A.P.P. for non applicant-State.
CORAM : V.M. DESHPANDE, J. DATED : FEBRUARY 11, 2019
This is an application for condonation of delay in filing application for restoration of appeal under Section 378(4) of the Code of Criminal Procedure. Application for leave to file appeal was rejected for want of prosecution.
When application for grant of leave to file appeal was rejected, that time, notices to accused persons were not issued.
Heard Mr. Band, learned counsel for the applicant and learned A.P.P. for the State.
For the reasons stated in the application, the application is allowed. Delay is condoned. Similarly, the application for restoration of Criminal Application No. 910/2018 is allowed.
The applications are disposed of accordingly. Criminal Application No. 910/2018 be listed for hearing on 25.02.2019.
JUDGE
kahale
1 issue framed by the court
Whether the delay in filing the application for restoration of appeal under Section 378(4) CrPC can be condoned.
1 provisions across 1 enactments
Sau. Kanchan Badal Bhandawale
V.M. Deshpande
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
