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Bombay High Court

THE STATE OF MAHARASHTRAversusGHANSHYAM HARIDAS NIKAM AND ANR

Decided
Disposal
Allowed

Holding

The court condoned the 59‑day delay and allowed the application for condonation.

Summary

The State of Maharashtra filed an interim application seeking condonation of a 59‑day delay in filing an appeal against a judgment dated 13 February 2026 passed by the Additional Sessions Judge, Khed‑Rajgurunagar. The respondents opposed the application, arguing that the delay was indefensible. The court examined the reasons advanced in the application and found that sufficient cause was shown for the delay. Accordingly, the judges held that the delay could be condoned. The application was allowed, and the appeal may now be filed within the condoned period. No substantive merits of the original criminal case were addressed in this order.

Issues considered

  • Whether a delay of 59 days in preferring an appeal can be condoned under the procedural law governing criminal appeals.

Subjects

  • condonation of delay
  • criminal appellate jurisdiction
  • appeal procedure
  • procedural law

Judgment

            ssm                                                     19-ia2518.2026.doc

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             CRIMINAL APPELLATE JURISDICTION
                           INTERIM APPLICATION NO. 2518 OF 2026
                                            IN
                             APPEAL (STAMP) NO. 14002 OF 2026

      The State Of Maharashtra                               …..Applicant
            Vs.
      Ghanshyam Haridas Nikam & Anr.                         …..Respondents
                               ____________________________________

      Smt. P.P. Shinde APP, for the Applicant.
      Mr. Om N. Latpate a/w. Adv. Jitendra S. Sawant for the Respondent No.1.
                        ____________________________________

                                          CORAM :      A. S. GADKARI AND
                                                       KAMAL KHATA, JJ.
                                             DATE :    20th AUGUST, 2026.
      P.C.:-

      1)                This an Application for condonation of 59 days delay in

      preferring Appeal against the Judgment and Order dated 13 th February,

      2026 passed by the learned Additional Sessions Judge, Khed-Rajgurunagar,

      Talukar Khed, District Pune.

      2)                Learned counsel for the Respondent No.1 opposed the

      Application.

      3)                However, perusal of Application indicates that, sufficient cause

      is made out for condonation of delay.

      3.1)              In view thereof and for the reasons stated in the Application,

      delay is condoned and Application is allowed in terms of prayer clause (b).



                  (KAMAL KHATA, J.)                          (A.S. GADKARI, J.)
            Digitally signed
            by SANJIV
SANJIV      SHARNAPPA                                                                    1/1
SHARNAPPA   MASHALKAR
MASHALKAR   Date: 2026.08.25
            15:20:31 +0530


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