Criminal application under CR.App.(Appa) No. 483 of 2021 filed to condone 126 days delay in filing Criminal Appeal No. 363 of 2020. Court allowed application due to applicant's confinement and life imprisonment sentence.
Delay of 126 days in filing criminal appeal condoned; criminal application disposed of.
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3 apeal 363.2020
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR .
CRIMINAL APPLICATION (APPA) NO. 483 OF 2021
IN
CRIMINAL APPEAL NO. 363 OF 2020
Sheikh Mustkim Abdul Jakir Qureshi
Vs.
The State of Mah., through P.S.O., P.S. Ramdaspeth, Dist. Akola & ors.
Office Notes, Office Memoranda of Coram,__________________________________________________________________________
appearances, Court's orders of directionsCourt's or Judge's orders.
and Registrar's Orders.
Shri N.R. Tekade, Advocate for the applicant.
Shri Amit Chutke, A.P.P. for the non-applicant No.1/State.
CORAM : V.M. DESHPANDE AND AMIT B. BORKAR, JJ. DATE : 01st SEPTEMBER, 2021.
1.This is an application for condonation of delay in
filing the appeal.
2.The applicant was convicted by the judgment and
order dated 13.03.2020 by the learned Special Court, Akola in
Sessions Trial No.130 of 2017 and was directed to suffer life
imprisonment for having committed an offence punishable
under the provisions of the POCSO Act.
3.The appeal was presented before this Court on
17.09.2020 which is admitted.The appeal was admitted on
01.02.2021by this Court(Coram : Z.A. Haq and Amit B.
Borkar, JJ.), it appears that thereafter the office has raised
objections that the appellant has not filed application for
condonation of delay. In view of the said objections raised by
the Registry the present application is filed for condonation of
delay.
23 apeal 363.2020
4.Shri N.R. Tekade, learned counsel for the applicant
would submit that the office note shows that there is a delay of
126days in filing the appeal.
5.The applicant is in jail and suffers life
imprisonment. Shri Amit Chutke, learned Additional Public
Prosecutor though submitted that he has objection for allowing
this application, however, since the applicant is in jail and
undergoing life imprisonment and the appeal is already
admitted by this Court the delay can be condoned.
6.The criminal application is allowed. Delay is
condoned. The criminal application is disposed of.
JUDGEJUDGE
C.L.Dhakate
1 issue framed by the court
Whether delay in filing an appeal by a convict undergoing life imprisonment should be condoned.
1 provisions across 1 enactments
Sheikh Mustkim Abdul Jakir Qureshi
The State of Mah.
V.M. Deshpande
Amit B. Borkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court