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Bombay High Court

SHAMAL GANGADHAR JADHAVversusTHE STATE OF MAHARASHTRA

Disposal
APPLICATION ALLOWED

Holding

The Court condoned the 25‑day delay and admitted the appeal.

Summary

Shamal Gangadhar Jadhav, the applicant, was convicted by a lower court and filed a criminal appeal (Criminal Application No. 2736 of 2026) against the conviction. The appellant sought condonation of a 25‑day delay in filing the appeal, and the court allowed the condonation. The court also noted that objections to the conviction had already been removed, and consequently the appeal was registered and admitted. The appellant waived service of notice on behalf of the State, and the State's counsel also waived notice in a related application for suspension of sentence (Criminal Application No. 2737 of 2026). The court ordered that the application for suspension of sentence will be considered after receipt of the paper book and adjourned the matter to 29‑October‑2026.

Issues considered

  • Whether the 25‑day delay in filing the appeal can be condoned
  • Whether the appeal can be admitted despite the delay
  • Whether the application for suspension of sentence can be entertained pending the paper book

Subjects

  • criminal appeal
  • condonation of delay
  • suspension of sentence
  • procedure

Judgment

                                     (1)
                                                  931 Cri.appln-2736.2026.odt
     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD

       931 CRIMINAL APPLICATION NO. 2736 OF 2026
                 IN APEALST/7290/2026
                         WITH
         CRIMINAL APPLICATION NO. 2737 OF 2026
                 IN APEALST/7290/2026

                   SHAMAL GANGADHAR JADHAV
                                 VERSUS
                  THE STATE OF MAHARASHTRA
---------------------------------------------------------------------------
   Mr. Niranjan Dhake, Advocate for the applicant/appellant.
            Mr. A.S. Shinde, A.P.P. for respondent-State.
---------------------------------------------------------------------------

                    CORAM : SANDIPKUMAR C. MORE AND
                            VAISHALI PATIL-JADHAV, JJ.

                    DATED       : 1st October, 2026

Per Court :

1.    Issue notice to the respondent.              Learned APP waives

service for the respondent-State.

2.    Heard.

3.    Since the appeal is filed against conviction of the

applicant/accused, the application for condonation of delay is

allowed and disposed of, and the delay of 25 days stands

condoned.

4.    It is reported that objections are already removed.                 As

such, Criminal Appeal be registered and on registration, the

appeal is Admitted.        Call record and proceedings alongwith

paper book.
                                (2)
                                           931 Cri.appln-2736.2026.odt
5.      Learned APP waives notice on behalf of respondent-State

in Criminal Application No.2737 of 2026. This application for

suspension of sentence will be considered after receipt of paper

book.

6.      Stand over to 29.10.2026.



(VAISHALI PATIL-JADHAV)               (SANDIPKUMAR C. MORE)
       JUDGE                                  JUDGE




VD_Dhirde


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