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2025 DAILYLAW 62410 (BOM)

DINESH S/O DEVRAMJI CHICHMALKAR v. STATE OF MAHARASHTRA THR PSO GANESHPETH PS DIST NAGPUR

APPA/926/2025 · 2025-11-12

Shri Anil L Pansare, Shri Raj D Wakode

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 904 appa 926.25 delay..odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION (APPA) NO.926 OF 2025 IN CRIMINAL APPEAL ST. NO.9219 OF 2025 Dinesh s/o Devramji Chichmalkar .Vs. State of Maharashtra thr. PSO, Ganeshpeth PS Nagpur __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. Mr. A.A. Korpenwar, Adv. h/f Mr. K.K. Tiwari, Advocate for the applicant/appellant. Mr. K.R. Lule, APP for respondent/State. CORAM : ANIL L. PANSARE AND RAJ D. WAKODE, JJ. DATED : 12 .11. 2025 . Heard. 2. The applicant intends to challenge the judgment and order of conviction dated 22.12.2023 passed by Additional Sessions Judge, Nagpur in Sessions Case No.112/2017 thereby convicting the appellant under Section 302 of the Indian Penal Code. 3. Learned counsel for the applicant submits that delay is caused because applicant is behind the bar and has restrictions on movement. There are no male members in the family who can look after the case. He further submits that documents could not be collected in time nor could he contact the counsel for giving instructions. 2 904 appa 926.25 delay..odt 4. Learned APP submits that delay is not properly justified. 5. However, considering the fact that applicant is in jail and has certain restrictions on movement and it further appears that there is nobody to look after the case, the applicant could not contact the counsel. 6. In view of above and for the reasons set out in the application, the application is allowed. Delay is condoned. 7. The appeal shall be registered in accordance with rule. CRIMINAL APPEAL 8. Heard. 9. ADMIT. 10. Call R. & P. 11. Learned APP waives service of notice for respondent. [RAJ D. WAKODE, J] [ANIL L. PANSARE, J.] manisha