Allowed

Pahelraj Chandumal Shambhani v. the State of Maharashtra and Another

Bombay HC1 Feb 2023APPLN/2831/2022

Case brief

AI extract

What is this about?

The court condoned a delay of 68 days in filing an application under Order IV Rule 3(1) CrPC to seek leave to file a criminal appeal. The delay was attributed to the maintainability issue of the initial appeal and the COVID-19 pandemic.

What did the court decide?

Delay of 68 days stood condoned; order to register application seeking leave to file an appeal.

Pahelraj Chandumal Shambhani Vs the State of… — Criminal Trial and Appeal | Bombay HC (2023)

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(1)

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criapln2831.22

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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926 CRIMINAL APPLICATION NO.2831 OF 2022
IN ALPST/7744/2022

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PAHELRAJ CHANDUMAL SHAMBHANI VERSUS

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THE STATE OF MAHARASHTRA AND ANOTHER

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Mr. D. K. Kulkarni, Advocate for the applicant
Mrs. D. S. Jape, APP for the respondents/State
Ms. Aummaheshwari S. Jadhav, Advocate h/f Mr. P. R.
Katneshwarkar, Advocate for respondent No.2

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CORAM : KISHORE C. SANT, J.

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DATE: 01^st FEBRUARY, 2023

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P. C.

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1. Heard the learned advocate for the parties.

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2.This is an application for condonationof delay of 68
days i.e. caused in filing the application seeking leave to file an
appeal. The applicant had earlier approached the Sessions Court
challenging the judgment and order dated 04-11-2019 passed by
the learned JMFC, Bhusawal in RCC No. 200/2015. Though
initially the appeal was registered, but later on same is returned
to the applicant as the appeal was not maintainable before the
Additional Sessions Court. It is for this reason the delay is
caused. The appeal was returned by order dated 06-11-2020.

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1 of 2

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(2) criapln2831.22

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During the period of Covid-19 pendamic the period was
extended till 28-02-2022. It is submitted that from that day the
limitation started running. Considering that the delay is only of
68 days and for the reasons stated in the application, the delay
deserves to be condoned. Hence, the application is allowed. The
delay stands condoned. Office to register the application seeking
leave to file an appeal.

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[KISHORE C. SANT, J.]

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VishalK/criapln2831.22

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Pahelraj Chandumal Shambhani v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

Pahelraj Chandumal Shambhani v. the State of Maharashtra and Another

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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