Single judge allowed application to condone 19-month delay in filing revision, holding sufficient cause existed including court suspension due to Covid-19 pandemic, and set aside refusal of Additional Sessions Judge.
Impugned order refusing condonation of delay set aside; application allowed on prayer clause 'a'.
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.
12.APL-1048-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
Criminal Application (APL) No. 1048 / 2021
Vinayak Sheshayya Sheregar and Anr. .. Applicants
Versus.
The State of Maharashtra .. Respondent
Mr. Shailesh Kharad i/by Mr. Vaibhav Jagdale, Advocate for the Applicants.
Mr. A.D. Khamkhedkar, APP for State.
Ms. B.Y. Mulik, P.S.I., Vinobha Bhave Police Station.
P.C. : -
order dated 19th July, 2019 passed by the learned
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12.APL-1048-2021.doc
Magistrate, 59th Court, Kurla, declining the Applicant to discharge him from the Case No. 2047/PW/2016. The delay of 19 months, includes the period, during which the Court functioning was suspended due to Covid-19 pandemic.
(SANDEEP K. SHINDE, J.)
Digitally signed MOHAMMAD by MOHAMMAD NAJEEB NAJEEBMOHAMMAD MOHAMMAD QAYYUM QAYYUM Date: 2021.12.02 18:18:38 +0530
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2 issues framed by the court
Whether 19-month delay in filing revision was condonable as sufficient cause?
Whether the impugned order refusing condonation of delay should be set aside?
Vinayak Sheshayya Sheregar and Anr.
The State of Maharashtra
SANDEEP K. SHINDE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
