Bombay High Court
Shashikala Wd/O Ambadas Bhange vs Sanjay Asaram Dale And Ors on 12 February, 2019
(1) cria710.18
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.710 OF 2018
SHASHIKALA WD/O AMBADAS BHANGE
VERSUS
SANJAY ASARAM DALE AND ORS
Mr.S.S. Panale, Advocate for the applicant.
Mr.R.K. Temkar, Advocate for respondent Nos. 1 to 8.
Mr.K.N. Lokhande, APP for respondent/State.
CORAM : S.M.GAVHANE,J.
DATED : 12.02.2019 P.C. :- 1. Heard learned Counsel for the applicant/
original complainant and learned Counsel appearing for the respondents.
2. By this application the applicant has sought to condone the delay of 17 days caused in filing appeal against the acquittal of the respondents of the offence punishable under section 306 read with section 34 of the Indian Penal Code, by the judgment and order dated 30.11.2017 passed by Adhoc Additional Sessions Judge-4, Ahmednagar in Sessions Case No.115 of 2017.
3. Learned Counsel for the applicant, referring to the grounds in the application, particularly grounds in ::: Uploaded on - 14/02/2019 ::: Downloaded on - 14/02/2019 23:52:19 ::: (2) cria710.18 paragraph Nos.2 and 3, submitted that the applicant is an illiterate lady. She is not having sufficient means. Therefore, delay has been caused in collecting documents required for filing an appeal. It is submitted that the delay caused is unintentional and the same be condoned.
4. Learned Counsel for the respondents opposed to grant the application.
5. Though learned Counsel for the respondents has opposed to grant the application, considering the fact that the applicant/complainant is illiterate lady, the delay is caused in obtaining documents and it is not intentional, the delay caused in filing the appeal of 17 days needs to be condoned in the interest of justice. Therefore, the application is allowed. The delay caused in filing appeal is condoned.
6. The matter be fixed for hearing on application for leave to appeal on 26.03.2019.
[S.M.GAVHANE,J.] snk/2019/FEB19/cria710.18 ::: Uploaded on - 14/02/2019 ::: Downloaded on - 14/02/2019 23:52:19 :::