Bombay High Court

THE STATE OF MAHARASHTRAversusASHISHKUMAR VIJAYKUMAR SAHU

Decided: 17 January 2026
Disposal: Disposed Off
Bench: SARANG VIJAYKUMAR KOTWAL SANDESH DADASAHEB PATIL

Holding

The Court held that the delay was not intentional and therefore condoned it, allowing the leave‑to‑appeal application to be heard.

Summary

The State of Maharashtra filed an interim application seeking condonation of a 99‑day delay in filing a leave‑to‑appeal application against an acquittal order dated 2 December 2024 in a murder case (IPC 302). The High Court had issued notice to the respondent, who failed to appear. The Additional Public Prosecutor explained that administrative delays, not intentional or deliberate, caused the lapse. The Court examined the reasons and was satisfied that the delay was not willful. Consequently, the Court condoned the delay and allowed the application to proceed on its merits.

Issues considered

Whether a delay of 99 days in filing a criminal application for leave to appeal can be condoned.
Whether the delay was intentional or deliberate.

Legislation cited

Indian Penal Code, 1860 — s. 302

Subjects

condonation of delay
criminal appeal
section 302 IPC
leave to appeal
acquittal
high court
procedural law

Judgment

                                                                       30-ia3002-25.doc

     vai
                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             CRIMINAL APPELLATE JURISDICTION
         Digitally
         signed by
         VASANT
VASANT   ANANDRAO
ANANDRAO IDHOL
IDHOL    Date:
                           INTERIM APPLICATION NO.3002 OF 2025
         2026.01.20
         15:15:46                          IN
         +0530
                        CRIMINAL APPLICATION (ST.)NO.15162 OF 2025


                  The State of Maharashtra                          ...Applicant
                            V/s.
                  Ashishkumar V. Sahu                               ...Respondent


                  Ms.Mahalakshmi Ganapathy, Addl.PP for the State - Applicant.

                                 CORAM : SARANG V. KOTWAL &
                                         SANDESH D. PATIL, JJ.
                                 DATE : 17TH JANUARY, 2026.

                  P.C. :-

                  1.        The present Application is filed for condonation of

                  delay of 99 days caused in preferring leave to file an appeal

                  against the impugned judgment and order dated 2 nd December,

                  2024 passed by the learned Sessions Judge, Mumbai in Sessions

                  Case No.1102 of 2019 arising out of C.R. No.71 of 2019 for

                  offence punishable under Section 302 of Indian Penal Code (IPC).




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                                                       30-ia3002-25.doc

2.        This Court had issued notice to the Respondent vide

order dated 18th August, 2025. In pursuance to the said notice,

the Respondent is duly served. Today none appears for the

Respondent when the matter was called out.



3.        Learned Addl.PP states that the impugned judgment

and the order was passed on 2 nd December, 2024. The application

for certified copy was preferred on 3 rd December, 2024 and the

same was ready on 4th January, 2025. The last date for filing the

application was 3rd April, 2025. She further states that after the

scrutiny of the papers by the concerned Assistant Public

Prosecutor, the papers were submitted to the Law & Judiciary

Department to prefer an application for leave to file an appeal.

On 21st January, 2025, the papers were received by the office of

Law & Judiciary Department, after scrutinizing the papers, the

same were forwarded by the Law & Judiciary Department to the

office the Public Prosecutor, High Court on 13 th May, 2025. She

submits that the delay which is caused is thus not intentional, nor

deliberate but for the reasons mentioned above.


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                                                      30-ia3002-25.doc

4.        Having heard the learned Addl.PP appearing for the

Applicant, we are convinced that the delay which is caused is not

intentional or deliberate but for the reasons mentioned above.

Hence, we condone the delay, which is caused in preferring the

present application. The Application is allowed in terms of prayer

clause (6-b), which reads as under :-


        “6 (b).      The delay of 99 days in filing
        aforesaid Criminal Application for leave to
        appeal against the judgment and order of
        acquittal dated 2nd December, 2024 passed by the
        learned Sessions Judge, City Civil         Court,
        Mumbai in Sessions Case No.1102 of 2019 may
        be condoned and Criminal Application for leave
        to appeal be heard on its own merits.”




(SANDESH D. PATIL, J.)                  (SARANG V. KOTWAL, J.)




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