In a Criminal Application, the court condoned a delay of 200 days in filing a Criminal Appeal, ordered the registration of the appeal, and directed the additional public prosecutor to collect information regarding the period of sentence undergone by the appellant.
Delay condoned; Criminal Appeal registered.
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1901appa44.21
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR .
CRIMINAL APPLICATION (APPA) NO. 44 OF 2021 IN CRIMINAL APPEAL NO. OF 2021
(Amar s/o Govindappa Bhakre vs. State of Maharashtra thr. Police Station Officer, Police
Station, Chikhli, District – Buldana)
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directionsCourt's or Judge's orders.
and Registrar's Orders.
Shri D.V. Chauhan, Advocate (appointed) for the
applicant - appellant.
CORAM : PUSHPA V. GANEDIWALA, J.
JANUARY 19, 2021.
Heard Shri Chauhan, learned counsel
(appointed) for the applicant – appellant.
For the reasons mentioned in the
application, delay of 200 days in filing Appeal is
condoned. Criminal Appeal be registered.
Application is disposed of.
CRIMINAL APPEAL NO. OF 2021
Heard.
2.By consent of the parties, place the
Appeal for final hearing at the stage of admission on
02.02.2021.
3.The Registrar (Judicial) to ensure receipt
of R. & P. expeditiously.
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1901appa44.21
4.The appellant is convicted under Section
324 of the Indian Penal Code and sentenced to suffer
six months rigorous imprisonment and to pay fine of
Rs.2,000/-, in default of payment of fine, to suffer
simple imprisonment of one month. He is also
convicted for the offence punishable under Section
506 Part II of the I.P.C. and sentenced to suffer three
months R.I. and to pay fine of Rs.2,000/-, in default
of payment to suffer S.I. of one month. Both the
sentences have been directed to run concurrently.
Under Section 428 of the Criminal Procedure Code,
the appellant – accused has been given set off.
5.It is stated that Non-bailable warrant was
issued against the appellant and presently he is in
jail. The date of judgment is 19.06.2020. The record
is silent as to from when he is in custody, after
execution of Non-bailable warrant.
6.The learned APP to collect information
with regard to period of sentence undergone by the
appellant – accused in this matter.
JUDGE
*GS.
1 issue framed by the court
Whether delay of 200 days in filing Criminal Appeal should be condoned.
Amar s/o Govindappa Bhakre
State of Maharashtra
Pushpa V. Ganediwala
As recorded by the court registry
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