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Rajendrakumar Ramniwas Agarwal vs Ghanshyam Sawarmel Agarwal And … on 19 October, 2018

905-APPLN-436-2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPLICATION NO.436 OF 2017

RAJENDRAKUMAR RAMNIWAS AGARWAL )…APPLICANT

V/s.

GHANSHYAM SAWARMAL AGARWAL ORS.)…RESPONDENTS

Mr.Karan Bhosale a/w. Ms.Aditi Bhargava i/b. NDB Law,
Advocate for the Applicant.

Mrs.M.R.Tidke, APP for the Respondent – State.

CORAM : A. M. BADAR, J.

DATE : 19th OCTOBER 2018

P.C. :

1 This is an application for condonation of delay of 34

days in preferring an application for leave to appeal for

challenging judgment and order of acquittal of

respondent/accused of offences punishable under Sections 498A

and 306 of the Indian Penal Code.

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905-APPLN-436-2017.doc

2 Heard the learned counsel appearing for the applicant.

None appeared for respondent nos.1 and 2, despite service, as per

the report of the Registry dated 17th October 2018. The learned

APP appears for respondent no.3/State.

3 Reasons for seeking condonation of delay of 134 days

are reflected in paragraph 20A of the application. The averments

made on affidavit in the instant application are not countered by

filing counter affidavit. The reasons so stated constitute sufficient

cause, and therefore, the order :

ORDER

i) The application is allowed.

ii) The delay in preferring the application for leave to appeal is

condoned.

iii) The application is accordingly disposed off.

(A. M. BADAR, J.)

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