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2025 DAILYLAW 50651 (BOM)

RAJAN S/O RANJIT DONGRE ( IN JAIL) v. STATE OF MAHA THR PSO, PS CITY CHANDRAPUR

APPA/465/2025 · 2025-08-06

Shri Anil L Pansare, Shri M M Nerlikar

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 1 appa 465.25 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO. 465/2025 IN CRIMINAL APPEAL (ST) NO. 4216/2025 (Rajan Dongre S/o Ranjit Dongre Vs. The State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S.A. Jadho, Advocate for applicant. Mrs. S.S. Jachak, APP for non-applicant/State. CORAM: ANIL L. PANSARE AND M. M. NERLIKAR, JJ . DATED : 06/08/2025. Heard. 2. The present application is filed for condonatoin of delay of 271 days to prefer the appeal against the conviction. In para 6 and 7 of the application, learned counsel for applicant explained sufficient reasons to condone the delay which reads as under:- “6. That, due to the lack of availability of necessary documents at the time of the initial judgment/order, the applicant had to supply for certified copies of the judgment/order. The process of obtaining these certified copies of the Judgment/order, Depositions as well as the Chargesheet took its own time, which added further delay in being able to submit them to the counsel for the preparation of the appeal. 7. That additionally, it is apposite to mention that the applicant herein was only afforded the opportunity to disclose the pertinent details of 2 1 appa 465.25 the case to the Counsel during the period of his parole, i.e., f from 17.12.2024 to 08.01.2025, and prior to this period, the Applicant was unable to communicate or provide the necessary documentation or brief of the case, as his circumstances precluded such disclosure. Therefore, it was only upon his temporary release on parole that the Applicant herein was able to adequately brief Counsel regarding the facts, evidence, and intricacies of the case, and this period of parole was the sole occasion during which he was in a position to discuss and provide the relevant case materials, which were essential for the Counsel to properly prepare the present Appeal.” 3. Considering above facts and circumstances, we deem it fit to condone the delay of 271 days. 4. In view of above, application is allowed and disposed of. 5. The Registry is directed to register the appeal. CRIMINAL APPEAL (ST) NO. 4216/2025 1. Heard. 2. Admit. 3. Learned APP waives service of notice. 4. Call record and proceedings. 3 1 appa 465.25 CRIMINAL APPLICATION NO.466 /2025. 1. Heard. 2. This is an application for suspension of sentence. 3. Issue notice to non-applicant returnable on 20.08.2025. Learned APP waives service of notice for non- applicant/State. ( M. M. NERLIKAR , J.) ( ANIL L. PANSARE , J.) Gohane