Application for condonation of 120-day delay in filing an appeal against an acquittal order. Court allowed the application and directed registration of the leave to appeal.
Application allowed; leave to appeal registered.
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
968 CRIMINAL APPLICATION NO.1246 OF 2023
IN ALPST/3261/2023
RAJENDRA DWARKADAS AGRAWAL
VERSUS
M/S. AGRAWAL MOBILE GALLERY
THROUGH ITS PROPRIETOR DASHRATH AGRAWAL
Advocate for Applicant : Mr. Suniket Anil Kulkarni
Advocate for Respondent : Mr. R.N. Chavan h/f. Mr. V.A. Bagdiya
CORAM : R. M. JOSHI, J.
DATE : 7th JULY, 2023
PER COURT :
. Heard.2. Applicant is seeking condonation of delay of 120 days
caused in filing appeal against the order of acquittal dated
29.09.2022 passed by learned J.M.F.C., Dhule in S.C.C. No.2554 of
2017.
3. Perusal of application shows that applicant has
undergone heart transplant. The said contention is duly supported by
the documents placed on record.
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4.Learned counsel for respondent vehemently opposed
application.
5.Considering the reasons mentioned for condonation of
delay, it cannot be said that there was any deliberate act on the part
of applicant for not preferring the appeal in time. The delay deserves
to be condoned. Hence following order:
ORDER
(i)Application is allowed in terms of prayer clause ‘A’ and ‘B’.
(ii)Application for leave to Appeal be registered.
JUDGE
GGP
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1 issue framed by the court
Whether the delay of 120 days in filing an appeal against an order of acquittal can be condoned due to illness.
RAJENDRA DWARKADAS AGRAWAL
M/S. AGRAWAL MOBILE GALLERY
R. M. JOSHI
As recorded by the court registry
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