RAJU RAMDASJI UPASE v. STATE OF MAHARASHTRA AND ANR
APPA/194/2025 · 2025-04-07
Urmila Joshi Phalke
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 46663 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 46663 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
(1) 52.appa.194.2025 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO.194 OF 2025 IN CRIMINAL APPEAL STAMP NO.1541 OF 2025
Raju Ramdasji Upase Vs. State of Maharashtra through Police Station Officer Buttibori Nagpur and another
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. M. V. Rai, Counsel for the applicant. Mr. M. K. Pathan, APP for non-applicant No.1/State. Mr. Anirudh Ananthakrishnan, appointed Counsel for the non-applicant No.2.
CORAM : URMILA JOSHI-PHALKE, J.
DATED : 07/04/2025
1. By this application, the applicant is seeking condonation of delay.
2. The applicant is sentenced to suffer rigorous imprisonment for 20 years and to pay fine of Rs.10,000/-, in default, to suffer rigorous imprisonment for one year for the offence punishable under Section 376(3) of the Indian Penal Code and also sentenced to suffer rigorous imprisonment for 3 years and to pay fine of Rs.3,000/-, in default, to suffer further rigorous imprisonment for six months for the offence punishable under Section 452 of the Indian Penal Code. He is further sentenced to suffer rigorous imprisonment for 2 years and to pay fine of 2025:BHC-NAG:3724
(2) 52.appa.194.2025 Rs.2,000/-, in default to suffer further rigorous imprisonment for three months for the offence punishable under Section 506-II of the Indian Penal Code. It is submitted that the applicant is having old parents and his financial condition is weak, and therefore, he could not prefer an appeal and approached the Counsel within time, and therefore, 31 days delay is caused.
3. The said application is strongly opposed by the State as well as the learned Counsel for the non-applicant No.2 - victim. Considering the reason mentioned in the application, which appears to be reasonable and just cause to condone the delay, in view of that, the application is allowed. The delay is condoned.
4. The application is disposed of.
5. Appeal be registered.
CRIMINAL APPEAL STAMP NO.1541 OF 2025
1. Heard.
2. Admit.
3. Learned APP waives notice for the State.
4.
Learned
Counsel
Mr.
Anirudh Ananthakrishnan waives notice for the respondent No.2 – victim.
5. Call for record and proceedings.
(3) 52.appa.194.2025
6.
Learned
Counsel
for
the applicant/appellant shall furnish on record the copies of the deposition.
7. Stand over after three weeks.
(URMILA JOSHI-PHALKE, J.) Sarkate