Bombay High Court

HAUSABAI DADARAO TAYDEversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: APPLICATION ALLOWED

Holding

The court held that the four‑day delay in filing the leave‑to‑appeal petition is condoned.

Summary

The petitioner, Hausabai Dadaroo Tayde, filed an application seeking condonation of a four‑day delay in filing a leave‑to‑appeal petition in a criminal matter. The respondents opposed the condonation, arguing that the delay should not be excused. The court examined the reasons provided in the petitioner's application for the delay. Relying on its inherent discretion to condone procedural delays where justified, the court allowed the application. Consequently, the four‑day delay was condoned and the criminal application was disposed.

Issues considered

Whether a delay of four days in filing a leave‑to‑appeal petition in a criminal case can be condoned?

Subjects

condonation of delay
leave to appeal
criminal procedure
procedural discretion
court order

Judgment

                                                    921-Cri-Apln-2582-2026.odt




       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                  BENCH AT AURANGABAD
         921 CRIMINAL APPLICATION NO. 2582 OF 2026
                    IN ALPST/6929/2026
                  HAUSABAI DADARAO TAYDE
                             VERSUS
           THE STATE OF MAHARASHTRA AND OTHERS
                                .…
Mr. S. K. Savangikar, Advocate for Applicant
Mr. S. M. Ganachari, APP for Respondent No.1
Ms. Prerna M. Kharat h/f Mr. S. B. Kendre, Advocate for
Respondent Nos. 2, 3 and 5
                                .…

                    CORAM : ABHAY S. WAGHWASE, J.

                       DATE : August 25, 2026
PER COURT :-

1.          This is an application for condonation of 04 days delay
caused in filing leave to file appeal.


2.          Learned counsel for respondents strongly opposed the
prayer for condonation of delay.


3.          For the reasons stated in the application, the same is
allowed. Delay condoned.


4.          Criminal application is disposed off.



                                         [ ABHAY S. WAGHWASE, J. ]
SMS




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