Bombay High Court

NAJMEEN DASTAGIR SHAIKHversusTHE STATE OF MAHARASHTRA

Disposal: APPLICATION ALLOWED

Holding

The Court condoned the 30‑day delay in preferring the appeal.

Summary

The petitioner filed Criminal Application No. 3200 seeking condonation of a 30‑day delay in filing an appeal, which the Court allowed, thereby condoning the delay and disposing of the application. In Criminal Application No. 3201, the Court issued a notice to the State of Maharashtra, setting a return date of 22‑09‑2026, but the petitioner’s counsel waived service of the notice on behalf of the respondent. The matters were heard before Justice Abhay S. Waghwase. No substantive merits of the underlying appeal were addressed. The Court’s orders were limited to procedural reliefs concerning delay condonation and notice issuance.

Issues considered

Whether a 30‑day delay in preferring an appeal can be condoned under criminal procedure law?
Whether service of a notice can be waived by the respondent’s counsel?

Subjects

Criminal Procedure Code
Condonation of delay
Appeal
Service of notice
Procedural order

Judgment

                                               903-Cri-Apln-3200-2026.odt




       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                  BENCH AT AURANGABAD

        903 CRIMINAL APPLICATION NO. 3200 OF 2026
                          WITH
          CRIMINAL APPLICATION NO. 3201 OF 2026
                  IN APEALST/8571/2026

                    NAJMEEN DASTAGIR SHAIKH
                              VERSUS
                   THE STATE OF MAHARASHTRA
                                 .…
Mr. P. B. Jadhav, Advocate for Applicant
Mr. V. S. Badakh, APP for Respondent - State
                                 .…

                   CORAM : ABHAY S. WAGHWASE, J.

                      DATE : 01 September, 2026
PER COURT :-

CRIMINAL APPLICATION NO. 3200 OF 2026.

1.          This is an application seeking condonation of 30 days

delay in preferring appeal.

2.          For the reasons stated in the application, the same is

allowed. Delay condoned. Criminal application is disposed off.



CRIMINAL APPLICATION NO. 3201 OF 2026.
3.          Heard. Issue notice to the respondent, returnable on

22.09.2026.

                                                                 1 of 2
                              (( 2 ))      903-Cri-Apln-3200-2026




4.          Learned APP waives service of notice on behalf of

respondent - State.



                                [ ABHAY S. WAGHWASE, J. ]


SMS




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