High Court condoned a 53-day delay in filing a leave to appeal by the State against an acquittal, finding the delay unintentional and the case meritorious.
Delay of 53 days was condoned and the application was allowed; respondent was issued notice which was waived.
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2024:BHC-AUG:11677
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905-APPLN.178.2020
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
905 CRIMINAL APPLICATION NO. 178 OF 2020
THE STATE OF MAHARASHTRA VERSUS
SAHEBRAO S/O. BAJIRAO SONTAKKE
APP for Applicant – State : Mr. K. K. Naik Advocate for Respondent : Mr.K. R. Yadav h/f. Mr. Sudarshan J. Salunke
CORAM : ABHAY S. WAGHWASE, J. DATED : 21st JUNE, 2024
PER COURT :
of delay of 53 days caused in filing the application for leave to appeal by State.
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905-APPLN.178.2020
by the office in time. Learned APP submitted that, the said delay is unintentional and there is a good case in appeal, and therefore, in the interest of fair opportunity, delay so caused is sought to be condoned.
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905-APPLN.178.2020
stands condoned.
(ABHAY S. WAGHWASE, J.)
Tandale
1 issue framed by the court
Whether the condonation of delay of 53 days for filing an appeal by the State should be allowed due to unintentional delay and good case on merits.
STATE OF MAHARASHTRA
SAHEBRAO S/O. BAJIRAO SONTAKKE
ABHAY S. WAGHWASE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
