Bombay High Court
MAYUR GORAKH GAIKWADversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The court condoned the 43‑day delay and allowed the appeal to be filed.
Summary
The applicant, Mayur Gorakh Gaikwad, filed an interim application seeking condonation of a 43‑day delay in filing his criminal appeal against the State of Maharashtra. The impugned judgment was pronounced on 26 February 2026, but the applicant obtained a certified copy only on 8 June 2026, citing that he was engaged in labor work and needed time to arrange funds for filing the appeal. The court examined the applicant’s explanation and the bona fides demonstrated in the application. Considering the applicant’s financial constraints and the lack of any prejudice to the respondent, the judges held that the delay could be condoned. Consequently, the interim application was allowed and the appeal may be filed despite the delay.
Issues considered
- Whether a delay of 43 days in filing a criminal appeal can be condoned under procedural law.
Subjects
- condonation of delay
- criminal appeal
- procedural law
- filing of appeal
- labour profession
Judgment
1/2 2 IA-2074-26.odt
Salgaonkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MANDIRA MILIND Digitally signed by MANDIRA
MILIND SALGAONKAR
SALGAONKAR Date: 2026.07.07 11:29:42 +0530
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.2074 OF 2026
IN
CRIMINAL APPEAL (ST) NO.12256 OF 2026
Mayur Gorakh Gaikwad .. Applicant
Versus
The State of Maharashtra .. Respondent
…
Mr.Ghanasham Jadhav with Mr.Prasad Khartude for the
Applicant.
Mrs.Sangita D. Shinde, A.P.P. for the State/Respondent.
CORAM: BHARATI DANGRE &
MANJUSHA DESHPANDE, JJ.
DATE : 02nd JULY, 2026
...
P.C:-
1. Interim Application No.2074 of 2026 seeks condonation
of delay of 43 days in >ling the Appeal.
2. We have heard the counsel for the Applicant and perused
the Application to note that the impugned Judgment is passed
on 26/02/2026, and thereafter, the Applicant secured a
certi>ed copy of the Judgment on 08/06/2026 and the reason
cited is that he was behind the bar on the pronouncement of
the Judgment and he was also required to arrange for
2/2 2 IA-2074-26.odt
necessary fund to approach the High Court for >ling the
Appeal, as the Applicant is labour by profession and his family
is also engaged in labour work.
Considering the bona >des set out in the Application, it is
made absolute in terms of prayer clause (a).
(MANJUSHA DESHPANDE, J.) (BHARATI DANGRE, J.)
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