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Bombay High Court

THE STATE OF MAHARASHTRAversusANAND GANPAT SALVE AND ORS

Decided
Disposal
Disposed Off

Holding

The Court held that the nine‑day delay was condonable as sufficient cause was shown.

Summary

The State of Maharashtra filed an application seeking leave to appeal (ALS(ST) No. 10651 of 2026) but filed it nine days after the prescribed period. The State moved for condonation of this delay, arguing that sufficient cause existed. The respondent opposed, contending that the delay was not properly explained and no reply was filed. The Court examined the length of the delay and the averments in the application, finding that a satisfactory explanation was provided. Consequently, the Court allowed the application, condoned the delay, and disposed of the interim application.

Issues considered

  • Whether the nine‑day delay in filing the leave‑to‑appeal application can be condoned?

Subjects

  • condonation of delay
  • leave to appeal
  • criminal appellate jurisdiction
  • interim application

Judgment

                                                                          50-IA-1747-2026.doc



                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CRIMINAL APPELLATE JURISDICTION

                                       INTERIM APPLICATION NO. 1747 OF 2026
                                                        IN
                           APPLICATION FOR LEAVE TO APPEAL (STATE) (ST) NO. 10651 OF 2026

                      The State of Maharashtra                                 ...Applicant
                                 Versus
                      Anand Ganpat Salve And Ors.                              ...Respondents

                                                      ****
SNEHA
NITIN                 Ms. Harshada Shrikhande i/b Saurabh Butala for the Applicant.
CHAVAN                Ms. Sharmila Kaushik, APP for Respondent/State.
Digitally signed by
SNEHA NITIN                                           ****
CHAVAN
Date: 2026.09.11
10:40:43 +0530
                                                    CORAM :      M.M. SATHAYE, J.
                                                      DATE :     10th SEPTEMBER, 2026

                      P.C. :


                      IA/1747/2026
                      1.             Heard learned Counsel for the parties. This is an application
                      by State seeking condonation of 9 days delay in filing leave-application.
                      2.             Learned Counsel for the Respondent opposes the application
                      contending that delay is not properly explained. No reply is filed.
                      3.             Considering the extent of delay and averment made in
                      application, sufficient cause is made out. Application is allowed. Delay
                      is condoned. Interim Application is disposed of in above terms.


                                     ALS(ST)/10651/2026
                      4.             Stand over to 15.10.2026.


                                                                  (M.M. SATHAYE, J.)




                      Sneha Chavan                                                              1


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