High Court allowed condonation of 615-day delay in filing an appeal under the SC/ST Act, noting the applicant remained in jail and gained no undue advantage. Appeal tagged with a co-accused's pending appeal.
Application for condonation of delay is allowed; present appeal is tagged with Appeal No. 587 of 2019 for hearing.
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.
(25) IA 196-21.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
Amk
INTERIM APPLICATION NO. 196 OF 2021
IN
APPEAL (STAMP) NO. 1153 OF 2021
Shaym Sahadev Yatnalkar .. Applicant Vs.
The State of Maharashtra & Anr. .. Respondents
Digitally signed Arjun by Arjun M.Kadam M. Date:2021.03.18 Kadam 11:44:01+0530
Mr. Vivek N. Arote i/b Mr. Nihal M. Mansuri for the Applicant. Mr. Vikrant B. Bhinde for Respondent No.2.
Mrs. S. D. Shinde, APP for the Respondent-State.
CORAM : S. S. SHINDE & MANISH PITALE, JJ. DATE : 16th MARCH, 2021.
P. C. :
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(25) IA 196-21.odt
appeal, therefore, the Application for condonation of delay may be rejected.
accused has filed Appeal (No. 587 of 2019) which is pending. The same may be tagged with the present Appeal.
Appeal on board for hearing on 24.03.2021.
[MANISH PITALE, J.] [S. S. SHINDE J.]
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3 issues framed by the court
Whether condonation of delay in filing an appeal under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act should be allowed despite an inordinate delay of 615 days given that the
Whether the applicant gained any undue advantage by causing the delay in filing the appeal.
Whether a co-accused pending in a separate appeal should be tagged in the present appeal.
1 provisions across 1 enactments
Shaym Sahadev Yatnalkar
The State of Maharashtra
Anr
S. S. Shinde
Manish Pitale
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
