Allowed

Sanjay Pralhad Dhavase v. State of Mah. Thr. Pso Ps Mahagaon Tq.Mahagaon Dist.Yavatmal

Bombay HC19 Jan 2022APPA/26/2022

Case brief

AI extract

What is this about?

The High Court of Bombay, Nagpur Bench, allowed an application for condonation of delay in preferring a criminal appeal by a convicted applicant. The court held that no prejudice would be caused to the State and rejection would seriously prejudice the applicant in jail.

What did the court decide?

Delay in filing appeal is condoned and the appeal is registered.

Sanjay Pralhad Dhavase Vs State of Mah. Thr. Pso Ps Mahagaon… — Corruption | Bombay HC (2022)

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1-appa-26-2022.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.

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CRIMINAL APPLICATION (APPA) NO.26/2022 IN CRIMINAL APPEAL NO. /2022

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Sanjay Dhavase Vs. State of Maharashtra

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Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions

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Court's or Judge's orders.

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and Registrar's Orders.

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Mr. R.M. Patwardhan, Advocate appointed for the applicant Mr. M.K. Pathan, APP for non-applicant / State

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CORAM : V.M. DESHPANDE AND G.A. SANAP, J.J.

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DATE : 19^th JANUARY 2022

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Hearing was conducted through video conferencing and the learned counsel agreed that the audio and visual quality was proper.

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Heard Shri R.M. Patwardhan, learned counsel for the applicant appointed by the Legal Aid Committee. This is an application for condonation of delay in preferring the appeal. The applicant is convicted by the learned Additional Sessions Judge, Pusad in Sessions Trial No.29/2014 for the offences punishable under Sections 302 and 326 of the Indian Penal Code. After recording the conviction, the learned Judge of the Trial Court has sentenced the applicant to suffer life imprisonment. It is the submission of the learned counsel for the applicant that the applicant is in jail.

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1-appa-26-2022.odt

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Looking to the fact that the applicant is in jail, though this application is coming up for the first time, after hearing the learned counsel for the applicant and learned Additional Public Prosecutor for the nonapplicant / State, no prejudice will be caused to the nonapplicant / State, if the application is allowed. On the contrary, if the application is rejected the applicant will be seriously prejudiced.

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In that view of the matter, the application is allowed. Delay stands condoned. Appeal be registered.

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CRIMINAL APPEAL NO. / 2022

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Heard Shri R.M. Patwardhan, learned counsel for the applicant appointed by the Legal Aid Committee.

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ADMIT .

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Mr. M.K. Pathan, learned Additional Public Prosecutor waives service for non-applicant / State.

JUDGE

JUDGE

MP Deshpande

Digitally signed by:MILIND P DESHPANDE Signing Date:20.01.2022 15:13

Sanjay Pralhad Dhavase v. State of Mah. Thr. Pso Ps Mahagaon Tq.Mahagaon Dist.Yavatmal

Case brief

What is this about?

What did the court decide?

Sanjay Pralhad Dhavase v. State of Mah. Thr. Pso Ps Mahagaon Tq.Mahagaon Dist.Yavatmal

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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