Bombay High Court

THE STATE OF MAHARASHTRAversusYUSUF MOHAMMAD SHAIKH AND ANR

Decided: 7 September 2026
Disposal: Disposed Off

Holding

The Court held that the 45‑day delay in filing the appeal is condoned.

Summary

The State of Maharashtra filed an interim application seeking condonation of a 45‑day delay in filing an appeal against a judgment of the Additional Sessions Judge, Thane. The respondents, Yusuf Mohammad Shaikh and another, opposed the application. The Court examined whether the delay was intentional or deliberate and found it arose from procedural requirements. Considering the explanation that the delay was neither intentional nor deliberate, the Court was inclined to condone it. Consequently, the Court ordered that the 45‑day delay be condoned and disposed of the application.

Issues considered

Whether a delay of 45 days in filing an appeal can be condoned under the provisions governing criminal appeals.

Subjects

condonation of delay
appeal
criminal procedure
high court

Judgment

 SKN                                1 of 2                 20-IA-1769


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              CRIMINAL APPELLATE JURISDICTION

           INTERIM APPLICATION NO. 1769 OF 2026
                             IN
     CRIMINAL APPLICATION (ALS) (ST.) NO. 10707 OF 2026

The State of Maharashtra.                    …     Applicant.
      Versus
Yusuf Mohammad Shaikh and another.           …     Respondents.

                           __________
Ms.Supriya Kak, APP for the Applicant- State.
Mr.Mujahid S. Ansari (Appointed Advocate) for Respondent No.1.
None for Respondent No.2.
                           __________

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

                 DATE    : 7th September 2026.
PC :


1.      This is an Application for condonation of delay of 45 days
in filing an Appeal against the judgment and order dated 11 th
December 2025 passed by the Additional Sessions Judge-3, Thane
in Special (P) Case No.196/2022.


2.      Perusal of the Application indicates that the delay is
neither intentional nor deliberate and has taken place due to the
procedure which is to be followed for filing appeal.   Considering
the reasons given in the Application, we are inclined to condone
the delay.
                                     2 of 2                   20-IA-1769




3.     Hence, the following order:


                            ORDER


(i)    Delay of 45 days in filing the Appeal is condoned.
(ii)   Application is disposed of.


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

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