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2025 DAILYLAW 52369 (BOM)

ASHOK KISHAN NUSATE v. STATE OF MAHARASHTRA THR PSO PS SAONER DIST NAGPUR

APPA/562/2025 · 2025-08-06

Shri Anil L Pansare, Shri M M Nerlikar

Criminal Appealbody2025

Judgment text

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1 11 appa 562.25 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO. 562/2025 IN CRIMINAL APPEAL (ST) NO. 5514/2025 (Ashok S/o. Kishan Nusate 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. G.S. Gour, 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 condonation of delay of 179 days to prefer the appeal against the conviction. In para 3 and 4 of the application, learned counsel for applicant explained sufficient reasons to condone the delay which reads as under:- “3. That the applicant belongs to an economically and socially weaker section of society and has no family members or relatives capable of understanding or arranging legal assistance in a timely manner. The applicant being incarcerated had no effective means to engage a lawyer or communicate with any counsel fate his conviction. 4. That the delay was caused on account of the genuine hardship faced by the applicant due to his incarceration. It was only after he was able to communicate his grievance with the aid 2 11 appa 562.25 of jail authorities and legal assistance that he could arrange for the drafting and filing of the present appeal. 3. Considering above facts and circumstances, we deem it fit to condone the delay of 179 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. 5514/2025 1. Heard. 2. Admit. 3. Learned APP waives service of notice. 4. Call record and proceedings. CRIMINAL APPLICATION NO. 676 /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