Bombay High Court
MaharashtraversusJalindar Raju Nikam And ors.
- Decided
- Disposal
- Disposed Off
Holding
The court condoned the 205‑day delay and allowed the application for leave to appeal to proceed.
Summary
The State of Maharashtra filed an interim application seeking condonation of a 205‑day delay in filing a petition for leave to appeal an acquittal granted by the Additional Sessions Judge, Pune, in a case involving offences under Sections 302, 341, 323, 504, 506 and 34 of the IPC. The delay arose because the Additional Public Prosecutor’s proposal to appeal was only sent in December 2023, processed by the Law and Judiciary Department, and the direction to file the appeal was issued in September 2024, after which the application was finally filed. The learned judges examined whether the delay was deliberate or justified and found that it was not intentional. Relying on principles of justice and the absence of prejudice to the respondents, the court decided to condone the delay. Consequently, the interim application was disposed of, and the appeal for leave to file will proceed.
Issues considered
- Whether a delay of 205 days in filing an application for leave to appeal an acquittal can be condoned.
Subjects
- condonation of delay
- appeal against acquittal
- criminal procedure
- leave to appeal
- Indian Penal Code
- justice
Judgment
24-IA-4744-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 4744 OF 2024
State of Maharashtra … Applicant
Versus
Jalindar Raju Nikam and Ors. … Respondents
--------------------
Ms. Kranti Hiwrale, A.P.P., for the Appellant-State.
None for the Respondents.
--------------------
CORAM : SARANG V. KOTWAL &
ASHISH S. CHAVAN, JJ.
DATE : 17th JUNE, 2026.
P.C. :
1. This Application is for condonation of delay of 205 days in
filing Application for leave to file Appeal against acquittal. The
impugned Judgment and Order of acquittal was passed by the
learned Additional Sessions Judge, Pune, in Sessions Case No.324 of
2016. The Respondents who were Accused, were acquitted from the
offences punishable under Section 302, 341, 323, 504, 506 read with
Section 34 of Indian Penal Code.
2. Learned A.P.P. submitted and it is also mentioned in the
Application that after the Judgment the proposal was sent by the
Additional Public Prosecutor, Pune vide the Order dated 27 th
Manisha 1/2
24-IA-4744-2024.doc
December, 2023. After that, it was processed in the Law and
Judiciary Department and the direction to file Appeal was sent to the
Public Prosecutor’s Office, High Court (AS), Mumbai on 5th
September, 2024. After that, the Application was prepared and it was
filed. Hence, there was delay of 205 days.
3. Considering this explanation, we are satisfied that the delay is
not deliberate. In the interest of justice, the delay in filing the
Application for leave to file Appeal is condoned. Accordingly, Interim
Application No.4744 of 2024 is disposed of.
4. The Office Note shows that in this Application the Respondents
are already served. Application for Leave to file Appeal will proceed
further.
(ASHISH S. CHAVAN, J.) (SARANG V. KOTWAL, J.)
Manisha 2/2
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