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Bombay High Court

SITARAM BABURAO JAGTAP ALIAS BHAUSAHEB SALVEversusTHE STATE OF MAHARASHTRA

Disposal
APPLICATION ALLOWED

Holding

The Court condoned the delay and allowed the appeal, holding that the statutory right to challenge the conviction warrants condonation.

Summary

The accused, Sitaram Baburao Jagtap alias Bhausaheb Salve, was convicted on 28 June 2017 and filed an appeal after a delay of 3,285 days, seeking condonation of the delay. The State of Maharashtra opposed the condonation, relying on Supreme Court judgments in State of M.P. v. Saleem alias Chamaru and Balesh Kumar Kuraiti v. State of Chhattisgarh, arguing that no scope existed for acquittal. The accused contended that he had sent a communication to the jail authority challenging his conviction, which was not properly addressed. The High Court examined the statutory right of an accused to challenge a conviction and found merit in condoning the delay. Consequently, the court allowed the criminal application for condonation of delay and disposed of the matter.

Issues considered

  • Whether a delay of 3,285 days in filing an appeal against conviction can be condoned under criminal procedure law.
  • Whether the Supreme Court precedents cited by the State preclude condonation of such delay.

Subjects

  • condonation of delay
  • criminal appeal
  • conviction
  • statutory right
  • Supreme Court precedent

Judgment

2026:BHC-AUG:44669-DB

                                                                             3677.26APPLN

                                                   1

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                          28 CRIMINAL APPLICATION NO.3677 OF 2026
                           IN CRIMINAL APPEAL STAMP NO.9955/2026

                                  SITARAM BABURAO JAGTAP
                                   ALIAS BHAUSAHEB SALVE
                                            VERSUS
                                 THE STATE OF MAHARASHTRA
                                                ...
                             Advocate for Applicant : Mr.A.S.Hazari
                          APP for Respondent-State : Mrs.M.N.Ghanekar
                                                ...
                                      CORAM : SANDIPKUMAR C. MORE &
                                                    VAISHALI PATIL-JADHAV,JJ.

                                       DATE        :    28.09.2026
                 P.C. :


                 1]          Heard.    The    applicant–accused         is      seeking

                 condonation of delay of 3285 days in filing the Appeal against

                 his    conviction   under   the       judgment   and   order    dated

                 28.06.2017.



                 2]          The learned APP strongly opposed the present

                 application by placing reliance on the judgments of the

                 Hon’ble Supreme Court in the case of State of M.P. Vs.

                 Saleem alias Chamaru and another reported in [2005] 5

                 SCC 554 and in the case of Balesh Kumar Kuraiti Vs.

                 State of Chhattisgarh reported in 2026 SCC OnLine SC
                                                   3677.26APPLN

                              2

1562 and submitted that there is no scope for acquittal of

the present applicant.



3]         As against this, the learned counsel for the

applicant-accused submits that the applicant–accused had in

fact forwarded a communication to the Jail Authority for

challenging his conviction and but somehow it could not be

dealt with properly.



4]         Be that as it may, since the applicant–accused is

having statutory right of challenging his conviction, we deem

it appropriate to condone delay. Accordingly, Criminal

Application stands allowed in terms of prayer clauses-A

and B. Criminal Application is disposed of.




[VAISHALI PATIL-JADHAV]           [SANDIPKUMAR C.MORE]
        JUDGE                          JUDGE

DDC


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