Bombay High Court

YOGI MAHADEVNATH BABA ALIAS DNYANDEO TUKARAM KAMBALEversusTHE STATE OF MAHARASHTRA

Disposal: APPLICATION ALLOWED

Holding

The court condoned the 42‑day delay and ordered the notice to be issued, accepting the State's waiver of service.

Summary

The petitioner sought condonation of a 42‑day delay in filing an appeal, which the learned appellate court considered. The State opposed the condonation. The court, after reviewing the reasons provided, allowed the application and condoned the delay, disposing of the criminal application. In a subsequent application, the court directed that a notice be issued to the State, with a return date of 1 October 2026. The State, through its counsel, waived service of the notice. The court recorded the waiver and ordered the notice to be deemed issued. Both applications were subsequently disposed of by the court.

Issues considered

Whether a delay of 42 days in filing an appeal can be condoned under criminal procedure law.
Whether a notice may be issued to the State and service of such notice can be waived.

Subjects

condonation of delay
criminal appeal
notice issuance
waiver of service
High Court of Bombay

Judgment

                                                 905-Cri-Apln-3606-2026.odt




       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                  BENCH AT AURANGABAD

            905 CRIMINAL APPLICATION NO. 3606 OF 2026
                              WITH
              CRIMINAL APPLICATION NO. 3607 OF 2026
                      IN APEALST/9765/2026

   YOGI MAHADEVNATH BABA ALIAS DNYANDEO TUKARAM
                            KAMBALE
                             VERSUS
                 THE STATE OF MAHARASHTRA
                               .…
Mr. Kishor R. Choudhary, Advocate for Applicant
Mr. N. D. Raje, APP for Respondent - State
                               .…

                     CORAM : ABHAY S. WAGHWASE, J.

                       DATE : 04 September, 2026
PER COURT :-

CRIMINAL APPLICATION NO. 3606 OF 2026.

1.            This is an application for condonation of 42 days delay

caused in filing appeal.


2.            Learned APP opposed the application for condonation

of delay.


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

allowed. Delay condoned. Criminal Application is disposed off.


                                                                   1 of 2
                                  (( 2 ))       905-Cri-Apln-3606-2026




CRIMINAL APPLICATION NO. 3607 OF 2026.

4.          Issue notice to the respondent, returnable on 01.10.2026.


5.          Learned APP waives service of notice on behalf of

respondent - State.



                                   [ ABHAY S. WAGHWASE, J. ]

SMS




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