Bombay High Court
THE STATE OF MAHARASHTRAversusCHIMA ALIAS SATISH NANA PAWAR AND ORS
- Decided
- Disposal
- Allowed
Holding
The Court held that the delay is condoned as sufficient cause was demonstrated.
Summary
The State of Maharashtra filed an interim application seeking condonation of a 38‑day delay in filing an appeal against an order dated 6 April 2026 passed by the Special Judge, M.C.O.C.A Court, Nashik. Notices were duly served on the respondents, Chima alias Satish Nana Pawar and others, but they failed to appear for the hearing. The application argued that sufficient cause existed for the delay. The Court examined the service of notice and the reasons provided for the tardiness. Finding that the explanation satisfied the requirements for condonation, the Court allowed the application, thereby permitting the appeal to be filed despite the delay.
Issues considered
- Whether a delay of 38 days in preferring a criminal appeal can be condoned under the procedural law.
Subjects
- condonation of delay
- criminal appeal
- procedural law
- service of notice
- appeal filing
Judgment
KSG 45-IA-2749-2026-B.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.2749 OF 2026
IN
CRIMINAL APPEAL (ST) NO.14814 OF 2026
The State Of Maharashtra … Applicant
V/s.
Chima Alias Satish Nana Pawar & Ors … Respondents
_______________________________________
Ms. M.H. Mhatre for the State-Applicant.
None for the Respondents.
_______________________________________
CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 30th SEPTEMBER, 2026
P.C. :
KIRAN
SANJAY
GHUGE 1) Note put up by the Registry mentions that, notices issued to
Digitally signed by
KIRAN SANJAY
GHUGE
Date: 2026.10.06
15:12:13 +0530
Respondents are duly served.
2) Despite service none appears for the Respondents, when called
out for hearing.
3) This is an Application for condonation of delay of 38 days in
preferring an Appeal against Order dated 6 th April, 2026, passed by the
learned Special Judge, M.C.O.C.A Court Nashik, in Special Case No. 3 of
2019.
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KSG 45-IA-2749-2026-B.doc
4) Perusal of Application indicates that, sufficient cause is made out
for condonation of delay.
5) In view thereof, delay is condoned and Application is allowed in
terms of prayer clause (b).
( KAMAL KHATA, J. ) ( A.S. GADKARI, J. )
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