The court allowed the condonation of delay of 39 days in filing an application due to hospitalization and illness, issued a notice, and disposed of the criminal application. A registered appeal was directed.
Condonation of delay of 39 days allowed; notice issued; appeal registered; application disposed of.
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901.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
901 CRIMINAL APPLICATION NO.4213 OF 2019 IN ALP/209/2019
MEENA W/O. PRAKASH PANDIT ..APPLICANT VERSUS GULAB S/O. BHIMRAO INGLE ..RESPONDENT
Advocate for Applicants : Mr. S. A. Gaikwad
CORAM : SURENDRA P. TAVADE, J.
DATE : 01.09.2021
PER COURT :-
Perused the application. Heard the learned counsel for the applicant. He submits that during the pendency of Summary Criminal Case No. 7793 of 2015 the applicant was met with an accident, therefore, he could not contact his lawyer, in turn the lawyer has fled ‘ no instruction pursis’. Complaint came to be dismissed. Due to hospitalization and due to illness the applicant could not challenge the order of dismissal of the complaint in time. There is delay of 39 days. Hence it is prayed that it may be condoned.
The applicant has sufciently explained the delay caused in preferring this application. Hence the delay is condoned.
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901.odt
Appeal be registered.
weeks i.e. on 16.09.2021.
( SURENDRA P. TAVADE ) JUDGE
ysk
2 issues framed by the court
Whether the delay of 39 days in filing the application to condone delay should be allowed.
Whether the application for condonation of delay should be allowed.
MEENA W/O. PRAKASH PANDIT
GULAB S/O. BHIMRAO INGLE
SURENDRA P. TAVADE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
