Bombay High Court

THE STATE OF MAHARASHTRAversusANKUSH DIVENDU DAS GUPTA AND ANR

Decided: 5 October 2026
Disposal: Disposed Off

Holding

The 17‑day delay in filing the leave‑to‑appeal application is not intentional nor inordinate and is therefore condoned.

Summary

The State of Maharashtra filed an interim application seeking condonation of a 17‑day delay in filing a leave‑to‑appeal application against an acquittal order dated 3 September 2025 in a POCSO‑related case. The respondents opposed the condonation, arguing that the delay resulted from the investigating authorities' lack of diligence. The Court examined the reasons for the delay, noting that it was neither intentional nor inordinate and was attributable to procedural and administrative pressures on the prosecuting agency. Accordingly, the Court held that the delay could be condoned. The order therefore condoned the 17‑day delay and directed that the leave‑to‑appeal application be processed further.

Issues considered

Whether a delay of 17 days in filing an application for leave to appeal is intentional or inordinate and thus warrant condonation.

Legislation cited

Indian Penal Code — s. 363, 376(2)(i)
Protection of Children from Sexual Offences Act, 2012 — s. 12, 4, 8

Subjects

condonation of delay
leave to appeal
acquittal
criminal procedure
POCSO Act
IPC
prosecuting agency

Judgment

                                      1 of 3                 25-IA-1300-2026
 Sagar Magar

                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CRIMINAL APPELLATE JURISDICTION

                 INTERIM APPLICATION NO. 1300 OF 2026
                                  IN
               CRIMINAL APPLICATION (ST) NO 7794 OF 2026
                      (FOR LEAVE TO FILE APPEAL)


The State of Maharashtra                                 … Applicant
     Versus
Ankush Divendu Das Gupta And Anr.                        ... Respondents

                            __________
Ms. Supriya Kak, APP for Applicant.
Mr. Manoj Kumar K. Dhall (appointed Advocate) for Respondent
No. 1.
Mr. Drupad S. Patil, (appointed Advocate) for Respondent No. 2.
                            __________

                      CORAM : SARANG V. KOTWAL &
                              RANJITSINHA RAJA BHONSALE, JJ.

                      DATE     : 5th OCTOBER 2026
PC :

1)               This is an application for condonation of delay filed by

the State against Judgment and Order of acquittal dated 3 rd

September 2025 passed by the Additional Sessions Judge, Borivali

(Division), Dindoshi, Goregaon, Mumbai in Special Case No. 134

of 2019, punishable under Section 363, 376(2)(i) of IPC read with

Sections 4, 8, 12 of the POCSO Act, 2012. The delay is for a period
                                  2 of 3                 25-IA-1300-2026


of 17 days.


2)            Learned counsel for Respondent No. 1 opposed the

delay on the ground that the delay had occurred at the instance of

the Investigating Authorities and that they have not been diligent

in pursuing the matter.


3)            We have considered the submissions made by the

Parties. Considering the reasons mentioned in paragraphs 2 and 3

of the Application, we are of the opinion that the delay is not

intentional nor is the delay inordinate. Considering the procedural

aspect, administrative work and the work pressure of the

prosecuting agency, the delay ought to be condoned.


4)            Hence the following Orders:-


       i)       The delay of 17 days in filing the

       Application for leave to appeal against the

       Judgment and Order dated 3rd September 2025

       passed by the learned Additional Sessions

       Judge, Borivali (Division), Dindoshi, Goregaon,

       Mumbai in Special Case No. 134 of 2019 is
                                                   3 of 3                  25-IA-1300-2026


                            condoned.


                            ii)   The application for leave to Appeal be

                            processed further.




                      (RANJITSINHA RAJA BHONSALE, J.)       (SARANG V. KOTWAL, J.)


SAGAR
SANTOSH
MAGAR
Digitally signed by
SAGAR SANTOSH
MAGAR
Date: 2026.10.07
19:12:10 +0530

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