Bombay High Court

GANESH RUPCHAND GANGURDEversusTHE STATE OF MAHARASHTRA

Disposal: APPLICATION ALLOWED
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

The court held that the 33‑day delay in preferring the appeal is condoned.

Summary

The applicant, Ganesh Rupchand Gangurde, convicted by a lower court, filed a criminal application seeking condonation of a 33‑day delay in preferring an appeal against his conviction. The State opposed the application, arguing that the delay was not properly explained. The court examined the reasons provided and considered the delay to be minimal. It held that the delay could be condoned in the interest of justice. Consequently, the application was allowed, the delay was condoned, and the criminal appeal was duly registered.

Issues considered

Whether a delay of 33 days in filing an appeal against conviction can be condoned under the Criminal Procedure Code.

Subjects

condonation of delay
criminal appeal
appeal against conviction
procedural law
Criminal Procedure Code

Judgment

2026:BHC-AUG:21953
                                                                             CRAPPLN 1934 26.odt
                                                 1

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                           CRIMINAL APPLICATION NO. 1934 OF 2026
                                             IN
                          CRIMINAL APPEAL (Stamp) NO. 5168 OF 2026

          Ganesh Rupchand Gangurde,
          Age 32 years, Occ. Labour,
          R/o Someshwar Path, Ward No.2,
          Shrirampur, Tq. Shrirampur,
          Dist. Ahmednagar                                         Applicant
                                                              ...(Orig. Accused)
                VERSUS

          The State of Maharashtra
          Through: Shrirampur City Police Station,
          Dist. Ahilyanagar.                                        … Respondent

                                              ......
          Mr. Majit S. Shaikh, Advocate for Applicant
          Mr. B.v. Virdhe, APP for Respondent-State

                                               ......

                                         CORAM          : SIDDHESHWAR S. THOMBRE, J.
                                                          [VACATION COURT]
                                         DATE           : 20 MAY, 2026
          PER COURT :

          1.     Heard.


          2.     By way of this application, the applicant is seeking for condonation

          of delay of 33 days in preferring the appeal against conviction.

          3.     The application is strongly opposed by the learned A.P.P. on the

          ground that the delay has not been properly explained.

          4.     For the reasons stated in the application and the considering the

          meagre delay of 33 days, the delay needs to be condoned.
                                                         CRAPPLN 1934 26.odt
                                   2

5.      The Criminal Application is allowed.   Delay stands condoned.

Register the Criminal Appeal.




                                       [ SIDDHESHWAR S. THOMBRE ]
                                                 JUDGE
mkd/-

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