Bombay High Court

THE STATE OF MAHARASHTRAversusBHUMSING UDAYSING KACHAVAY

Decided: 9 October 2026
Disposal: Allowed

Holding

The court held that the 47‑day delay is condoned as the State demonstrated sufficient cause.

Summary

The State of Maharashtra filed an interim application seeking condonation of a 47‑day delay in filing a leave application for appeal (ST No. 3785 of 2026). The respondent, Bhumsing Udaysing Kachavay, did not appear despite service and filed no reply. The court examined the averments made in the State's application and considered the length of the delay. Finding that sufficient cause was shown for the delay, the court granted the condonation. Consequently, the interim application was disposed and the matter was listed for further hearing on 20 November 2026.

Issues considered

Whether a delay of 47 days in filing a leave application for appeal can be condoned.

Subjects

condonation of delay
leave to appeal
criminal appellate jurisdiction
procedural law

Judgment

                                                                              40-IA-654-2026.doc




           Digitally               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           signed by
           HUSENBASHA
HUSENBASHA RAHAMAN
                                         CRIMINAL APPELLATE JURISDICTION
RAHAMAN    NADAF
NADAF      Date:
           2026.10.09
           19:33:10
           +0530                    INTERIM APPLICATION NO. 654 OF 2026
                                                     IN
                        APPL. FOR LEAVE TO FILE APPEAL (STATE) (ST) NO.3785 OF 2026


                        The State Of Maharashtra                            ....Applicant
                              V/s
                        Bhumsing Udaysing Kachavay                          ....Respondent

                                                       ****
                        Ms. Manisha R. Tidke, APP for Applicant/State.
                        None for the Respondent.
                                                       ****

                                                               CORAM : M.M. SATHAYE, J.
                                                               DATE    : 9th OCTOBER, 2026
                        P.C. :

                        1.       Heard learned APP. This is an application by State for
                        condonation of delay of 47 days in filing leave application.

                        2.       None appears for the Respondent despite of service. No reply is
                        filed.

                        3.       Considering the averments in the application and extent of
                        delay, sufficient cause is made out.

                        4.       Application is allowed. Delay is condoned. Interim application
                        is disposed of in above terms.

                        5.       List ALS(ST)/3785/2026 on 20.11.2026.

                                                                       (M.M. SATHAYE, J.)

                        Husen                                  1

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Manisha R Tidke