This interim application for condonation of delay in filing an appeal against an acquittal was allowed by the High Court of Bombay. The court held that the delay of 88 days deserves to be condoned based on reasons provided in the order.
The delay of 88 days was condoned and the application was disposed of.
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.
Digitally signed by CHITRA CHITRA SANJAYSONAWANE SANJAYSONAWANE Date:2022.02.24 16:38:50 +0530
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4-IA-1626-2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.1626 OF 2019
IN
ALS (ST.) NO.204 OF 2019
The State of Maharashtra]Applicant.
Vs.
Kisan Govind Patil & Ors.]Respondents.
Mr.A.A.Palkar, APP for State.
Mr.Vinay Bhanushali a/w Sunil Sherif a/w Mr.Zoheb Merchant i/b Falcon
Legal for respondent nos.1 to 5.
CORAM : SMT. SADHANA S. JADHAV & PRITHVIRAJ K. CHAVAN, J.J.
DATE : 24th FEBRUARY, 2022.
P.C.:
1.This is an application seeking condonation of delay in filing an
appeal challenging the judgment and order passed by the Additional
Sessions Judge, Vasai, Palghar, in Sessions Case No.31/2007 thereby
acquitting the accused of the offences punishable under Sections 147, 148,
302, 307 r/w 149 of the Indian Penal Code and u/s 25 of the Arms Act.
2. The delay is of 88 days. For the reasons assigned in paragraph nos. 3, 4 and 5, delay of 88 days deserves to be condoned.
3. Learned Counsel for the respondent submits that delay has not been
Chitra Sonawane
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4-IA-1626-2019.doc
explained and therefore, the application seeking condonation of delay be
rejected, however, taking into consideration, the contentions in paragraph
nos.3, 4 and 5, the application deserves to be allowed. Hence, following
order is passed.
ORDER
1. Application is allowed.
2. Delay of 88 days stands condoned.
3. Application stands disposed of.
[PRITHVIRAJ K. CHAVAN, J.] [SMT. SADHANA S. JADHAV, J.]Chitra Sonawane
1 issue framed by the court
Whether the delay of 88 days in filing the appeal can be condoned.
5 provisions across 2 enactments
The State of Maharashtra
Kisan Govind Patil
Chavan Prithviraj K
Jadhav Sadhana S
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court