Application for condonation of delay in depositing costs arising from a previous order refusing leave to appeal. Court allowed the application, permitting applicant time to deposit Rs. 1000 to facilitate appeal registration.
Application allowed; applicant permitted to deposit Rs. 1000 within four weeks to register the appeal.
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( 1 ) cria2020.21
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
5 CRIMINAL APPLICATION NO.2020 OF 2021
SATYAWAN VITTHAL KHANDEKAR
VERSUS
THE STATE OF MAHARASHTRA
Mrs.A.N. Ansari, Advocate for the applicant.
Mr.R.B. Bagul, APP for the respondent/State.
CORAM : SURENDRA P. TAVADE, J. DATED : 27.09.2021
PC :-
01.Perused the application. The application is for
condonation of delay in paying costs awarded as per order in
O.M.C.A.No.47 of 2012 dated 01.10.2015. It is contended that
the applicant was convicted for the offence punishable under
section 309 of the Indian Penal Code and he was convicted and
released on bond under the Probation of Offenders Act. There
was delay in preferring appeal. Hence, he made an
application for condonation of delay, which is allowed on
costs of Rs.1000/-, but he did not deposit the costs within
time. As he has changed his job as well as his residence and
he was shifted to Mumbai, Pune in search of job, therefore he
could not pay costs in time. He had applied for condonation
of delay, but said application came to be rejected. Said
order is impugned in this application.
02.Heard learned Counsel for the petitioner and learned
APP on behalf of the State. It appears that the applicant
was Class IV employee in the District Court. He was convicted
for the offence punishable under section 309 of the IPC. He
has been removed from service. The conviction would be a
stigma to his career to seek employment in State Government
or in any other employment. Therefore, the applicant is
entitled to challenge the said order. He was allowed to file
appeal but due to failure on his part to deposit costs, he
was not allowed to prefer appeal. To meet the ends of
justice and considering the reasons stated in paras 3 and 4
of the application, the application is required to be
allowed. Hence, I pass following order :-
O R D E R
1)The application is allowed.
2)The applicant is allowed to deposit
Rs.1000/- (Rupees One Thousand) as per order dated
01.10.2015 passed in O.M.C.A.No.47 of 2012, within
four weeks from today.
3)On depositing the costs, the appeal be
registered.
[SURENDRA P. TAVADE,J.]
snk/2021/SEP21/cria2020.21
2 issues framed by the court
Whether an application for condonation of delay in paying costs lodged by an employee convicted under Section 309 IPC to protect his career and future employability should be allowed.
Whether the applicant should be permitted to deposit the outstanding costs within four weeks to enable registration of his previous appeal.
Satyawan Vitthal Khandekar
The State of Maharashtra
Surendra P. Tavade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court