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Bombay High Court

The State Of Maharashtra vs Akshay Ashok Bansode on 31 October, 2018

                                       (1)                              cria37.18

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                   CRIMINAL APPLICATION NO. 37 OF 2018
                                   WITH
                          APPEAL NO. 463 OF 2017

                             THE STATE OF MAHARASHTRA
                                      VERSUS
                               AKSHAY ASHOK BANSODE

Mr.C.S. Kulkarni, APP for the applicant/State.
Mr.P.M. Gaikwad, Advocate for sole respondent.

                                       CORAM :  S.M.GAVHANE,J.

DATED : 31.10.2018 P.C. :-

1. Heard learned APP and learned Advocate for the respondent/accused.
2. The applicant/State has by this application requested to condone the delay of 55 days caused in filing application seeking leave to file an appeal against order dated 26.07.2017 in Special Case No.10 of 2015 acquitting the respondents of the offences under sections 354(2) r/w 354A of the Indian Penal Code and under section 12 r/w section 11 of the Protection of Children for Sexual Offences Act, 2012 by the Special Judge-5, Aurangabad on the ground that the file was received to the office of the Public Prosecutor on 10.11.2017 and thereafter immediately the appeal has been ::: Uploaded on - 31/10/2018 ::: Downloaded on - 02/11/2018 03:05:53 ::: (2) cria37.18 filed. The delay caused is neither intentional nor deliberate and it has been caused due to administrative procedure.

3. Learned APP for the applicant made submissions in the light of above grounds. Considering the submissions of learned APP and the grounds stated earlier, the delay caused in filing application seeking leave to file appeal is hereby condoned to meet the ends of justice.

4. The Criminal Application for condonation of delay is disposed of.

5. The application seeking leave to file appeal be registered. On registering the said application, learned Advocate Mr.Gaikwad waives notice for the sole respondent of the application for leave to file appeal. Stand over to 27.11.2018 for hearing and further orders on the application for leave to file appeal.

[S.M.GAVHANE,J.] snk/2018/OCT18/cria37.18 ::: Uploaded on - 31/10/2018 ::: Downloaded on - 02/11/2018 03:05:53 :::