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Bombay High Court

GAJANAN JAGANNATH BHOWADversusTHE STATE OF MAHARASHTRA

Disposal
Disposed Off

Holding

The court admitted the appeal, condoned the delay in filing, and ordered suspension of the sentence pending further hearing.

Summary

Gajanan Jagannath Bhowad filed a criminal appeal (ST) No. 1368 of 2026 against his conviction by the State of Maharashtra. The appellate court admitted the appeal and issued notice to the State, which waived service of notice. An interim application seeking condonation of a 79‑day delay in filing the appeal was allowed, and the delay was condoned. A separate interim application for suspension of the sentence was entertained, notice was issued, and the matter was stood over to 13 October 2026. The orders set the stage for a full hearing of the appeal, with the conviction currently under suspension.

Issues considered

  • Whether the 79‑day delay in filing the appeal can be condoned
  • Whether the sentence imposed on the appellant should be suspended pending the appeal

Subjects

  • criminal appeal
  • condonation of delay
  • suspension of sentence
  • conviction
  • interim application

Judgment

                                                                                         18-CRIA-283-2026.doc


           Digitally signed
           by HARISH
                                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          VITHAL
HARISH
VITHAL
          CHAUDHARI
CHAUDHARI Date:
                                                   CIRCUIT BENCH AT KOLHAPUR
          2026.09.22
           19:31:44
           +0530                                   CRIMINAL APPELLATE JURISDICTION

                                                  CR. APPEAL (ST) NO. 1368 OF 2026

                              Gajanan Jagannath Bhowad                                   ...Applicant.
                                      Versus
                              The State Of Maharashtra                                   ...Respondent.

                                                             WITH
                                            CRI-INTERIM APPLICATION NO. 283 OF 2026
                                                               IN
                                                  CR. APPEALST NO. 1368 OF 2026

                              Gajanan Jagannath Bhowad                                   ...Applicant.
                                      Versus
                              The State Of Maharashtra                                   ...Respondent.

                                                             WITH
                                            CRI-INTERIM APPLICATION NO. 284 OF 2026
                                                               IN
                                                  CR. APPEALST NO. 1368 OF 2026

                              Gajanan Jagannath Bhowad                                   ...Applicant.
                                      Versus
                              The State Of Maharashtra                                   ...Respondent.

                                                               ——————
                              None for the Applicant.
                              Mr. S. H. Yadav, APP for the Respondent-State.
                                                               ——————

                                                                 Coram :       Sharmila U. Deshmukh &
                                                                               Neeraj P. Dhote, JJ.
                                                                 Date      : September 22, 2026.
                              P. C. :

                              [i] ORDER IN CR. APPEAL (ST) NO. 1368 OF 2026 :


                              Harish                              1 of 2
                                                           18-CRIA-283-2026.doc


1.       This is an Appeal against conviction.

2.       Admit.

3.       Issue notice to the Respondent. The learned APP waives service

of notice for the Respondent-State.

4.       Call record and proceedings, along with the paper book from the

learned Trial Court.


[ii] ORDER IN CRI-INTERIM APPLICATION NO. 283 OF 2026 :

1.       This is an Application for condonation of 79 days' delay in iling

the Appeal against conviction.

2.       The learned APP appears for the Respondent-State

3.       For the reasons mentioned in the Application, the same is allowed

in terms of prayer clause (a). The delay is condoned.

4.       The Application is disposed of accordingly.


[iii] ORDER IN CRI-INTERIM APPLICATION NO. 284 OF 2026 :


5.       This is an Application for suspension of sentence.

6.       Issue notice to the Respondent. The learned APP waives service

of notice for the Respondent-State.

7.       Stand over to 13th October, 2026.



 [Neeraj P. Dhote, J.]                           [Sharmila U. Deshmukh, J.]



Harish                              2 of 2


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