Bombay High Court

RUPESH RAJGOPAL ZAWARversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: APPLICATION ALLOWED

Holding

The court condoned the 121‑day delay and allowed the application, restoring the original criminal application to its original position.

Summary

The petitioner, Rupesh Rajgopal Zawar, filed a criminal application seeking condonation of a 121‑day delay in proceeding with Criminal Application No. 4193/2022. The respondent, the State of Maharashtra, opposed the condonation. The court examined the explanation for the delay and found it satisfactory. Consequently, the court allowed the petitioner's request, restored the original criminal application to its prior position, and permitted the respondent, who had waived service of notice, to file an affidavit‑in‑reply. The matter was scheduled for further hearing on 15 October 2026.

Issues considered

Whether a delay of 121 days in filing the criminal application can be condoned under criminal procedure law
Whether the respondent, having waived service of notice, may be permitted to file an affidavit‑in‑reply

Subjects

condonation of delay
criminal procedure
service of notice waiver
affidavit in reply
restoration of application

Judgment

                                                            979-APPLN-3301-2026.odt



            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       BENCH AT AURANGABAD

              979 CRIMINAL APPLICATION NO. 3301 OF 2026
                         IN APPLN/4193/2022

                           Rupesh Rajgopal Zawar
                                  VERSUS
                    The State Of Maharashtra And Another

Mr. Rohit Patwardhan h/f Mr. S. S. Jadhav, Advocate for Applicant
Mr. S. P. Joshi, APP for Respondent Nos. 1 and 2

                                                  CORAM :R.M. JOSHI, J
                                                  DATE  :SEPTEMBER 03, 2026
P. C. :

1.           Respondent No. 2 appeared in person. Learned APP waives
service of notice on behalf of Respondent No. 2.

2.           Learned Counsel for Applicant submits that for the reasons
mentioned in the application, delay of 121 days is required to be condoned.

3.           Learned APP opposed application.

4.           Perusal of the application indicates that the delay has been
satisfactorily explained. Hence, in the interest of the justice, application
stands allowed in terms of prayer clauses ‘B’ and ‘C’. Criminal Application
No. 4193/2022 is restored to its original position.

5.           Respondent No. 2 waives service of notice in original
application. He seeks leave to file affidavit-in-reply. Leave granted.

6.           By consent of both sides, list the application on 15.10.2026.


                                                       (R. M. JOSHI, J.)
Malani



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