Bombay High Court

STATE OF MAHARASHTRAversusVAIBHAV KASHINATH PATIL

Decided: 8 January 2026
Disposal: Disposed Off
Bench: SANDEEP V MARNE

Holding

The five‑day delay in filing the leave application is condoned.

Summary

The State of Maharashtra filed an interim application seeking condonation of a five‑day delay in filing its leave‑to‑appeal petition. The respondent, Vaibhav Kashinath Patil, was served notice but did not appear. The learned judge examined the length of the delay and the justification offered by the applicant. Considering the circumstances, the judge held that the delay warranted condonation. Consequently, the delay was condoned, the interim application was disposed, and the leave application was scheduled for hearing on 4 February 2026.

Issues considered

Whether a delay of five days in filing a leave‑to‑appeal application can be condoned under procedural law

Subjects

condonation of delay
interim application
leave to appeal
criminal appellate jurisdiction
procedural law

Judgment

                      Neeta Sawant                                            2-IA-4331-2025.docx

                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CRIMINAL APPELLATE JURISDICTION
                                 INTERIM APPLICATION NO. 4331 OF 2023
                                                  IN
                      APPLN. FOR LEAVE TO APPEAL (STATE) (ST.) NO. 21901 OF 2023

                                             ALONGWITH
                      APPLN. FOR LEAVE TO APPEAL (STATE) (ST.) NO. 21901 OF 2023


                      State of Maharashtra                                        …..Applicant
                                : VERSUS :
                      Vaibhav Kashinath Patil                                     ….RESPONDENT


                      Mr. A.R. Metkari, APP for State-Applicant.


                                                          CORAM :     SANDEEP V. MARNE, J.
                                                          DATED :     8 JANUARY 2026.
                      P.C :

                      1)             The application is <led seeking condonation of delay of 5 days
                      in <ling application for leave to Appeal. Respondent is duly served
                      with court notice.            However, none appears on behalf of the
                      Respondent.

                      2)              Considering the length of delay and the justi<cation pleaded
                      in the application, in my view, the delay deserves to be condoned.
                      Accordingly, the delay in <ling the leave application is condoned.
                      The Interim Application is disposed of.

                      3)             List the Leave Application on 4 February 2026.


         Digitally
         signed by
         NEETA
NEETA    SHAILESH
SHAILESH SAWANT
                                                                    [SANDEEP V. MARNE, J.]
SAWANT   Date:
         2026.01.08
         19:01:12
         +0530

                      _____________________________________________________________________________

                                                         PAGE NO. 1 of 1
                                                     THURSDAY, 8 JANUARY 2026

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