Allowed

Jameer Rajavalli Munde v. the State of Maharashtra

Bombay HC1 Dec 2021IA/2683/2021

Case brief

AI extract

What is this about?

The High Court of Bombay at Criminal Appellate Jurisdiction condensed the delay of 3 years and 68 days in filing an appeal against conviction under Section 302 IPC and directed registration of the appeal on the ground that the applicant, while in prison, had no motive to delay.

What did the court decide?

Condonation of delay of 3 years and 68 days in preferring the Appeal; Interim Application allowed; Appeal to be registered.

Jameer Rajavalli Munde Vs the State of… — Civil Procedure and Limitation | Bombay HC (2021)

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Digitally signed LAXMIKANT by LAXMIKANT GOPAL GOPAL CHANDAN CHANDAN Date: 2021.12.02 10:04:00 +0530

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(908) cri.IA-2683.21.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL INTERIM APPLICATION NO.2683 OF 2021 IN

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CRIMINAL APPEAL STAMP NO.16867 OF 2021

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Jameer Rajavalli Munde : Applicant. Versus The State of Maharashtra : Respondent.

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Mr. Prasad Avhod i/by Mr. Kuldeep U Nikam for the Applicant. Mr. S S Hulke, APP for the Respondent/State.

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CORAM : S. S. SHINDE, N. J. JAMADAR, JJ DATE : 01^st December 2021

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P.C.

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1 Heard Mr. Prasad Avhod, the learned counsel appearing for the Applicant and Mr. S S Hulke, the learned APP appearing for the Respondent/State.

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2 At the outset the learned counsel appearing for the Applicant seeks leave to amend so as to incorporate the days of delay in the prayer clause. Leave granted. Amendment to be carried out forthwith.

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3 This Interim Application is preferred by the Applicant/Appellant for condonation of delay of 3 years and 68 days in preferring the Appeal against the judgment and order dated 21/06/2018 passed by the learned Additional Sessions Judge, Pandharpur in Sessions Case No.18 of 2015 whereby the Applicant has been convicted for the offence punishable under

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lgc

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(908) cri.IA-2683.21.odt

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Section 302 of the Indian Penal Code and sentenced to suffer imprisonment for life and fine of Rs.25,000/- with default stipulation.

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4 The Applicant has ascribed reasons in paragraph Nos.4 to 7 of the Interim Application. The principal reason seems to be that of his poor financial position and social condition which the Applicant faced subsequent to his conviction. The Applicant is in prison since 21^st June 2018.

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5 Since the Applicant has been in prison, he had nothing to gain in not preferring the Appeal within stipulated period. Sufficient cause is made out to condone the delay. It is trite that in order to advance cause of the substantive justice, the Courts lean in favour of condonation of delay.

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6 Hence Interim Application No.2683 of 2021 stands allowed.

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7 The delay in preferring the Appeal stands condoned.

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8 The Appeal be registered. The Interim Application stands disposed of accordingly.

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[N. J. JAMADAR, J] [S. S. SHINDE , J]

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Jameer Rajavalli Munde v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Jameer Rajavalli Munde v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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