Application for condonation of delay filed by an applicant sentenced to RI. The court held that the delay was condonable given the applicant's jail situation and illiterate parents, and admitted the criminal appeal on a Single Bench.
Delay in preferring the appeal was condoned and the appeal was admitted.
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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR
CRIMINAL APPLICATION (APPA) NO. 104 OF 2022 I N
CRIMINAL APPEAL STAMP NO. 846 OF 2022
Akash S/o Bankat Yedani
...Versus…
State of Maharashtra, through Police Station Officer, Police Station Kondhali, Distt. Nagpur and another
Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders
CORAM : SURENDRA P. TAVADE, J. DATE : 09/02/2022
Hearing was conducted through Video Conferencing and the learned Counsel agreed that the audio and visual quality was proper.
CRIMINAL APPLICATION (APPA) NO. 104 OF 2022
This is an application for condonation of delay. It is contended that the applicant intended to prefer an appeal against the judgment and order passed by Extra Joint Additional Sessions Judge, Nagpur, but there is delay of 94
5 appa 104-2022.odt
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days to prefer the appeal. It is contended that since 04/11/2018, the applicant is in jail. He is not aware of the procedure of filing the appeal. His parents are ill and they are labours. Therefore, nobody was in family to contact the lawyer for preferring an appeal.
CRIMINAL STAMP APPEAL NO. /2022
Admit .
(SURENDRA P. TAVADE, J.)
Jayashree..
Signed By:JAYASHREE SHARAD SHINGNE
Signing Date:09.02.2022 16:53
2 issues framed by the court
Whether the delay in preferring a criminal appeal by an under-trial prisoner ought to be condoned.
Whether the appeal lies before a Single Bench or a Division Bench.
Akash
State of Maharashtra
SURENDRA P. TAVADE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
