Bombay High Court

PATHAN AKHIB PATHAN RASHIDversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: APPLICATION ALLOWED

Holding

The Court condoned the delay, restored the original proceeding, and granted an extension to file the charge‑sheet.

Summary

The applicant, Pathan Akhib Pathan Rashid, filed a criminal application seeking condonation of a 36‑day delay in restoring the original proceeding (Criminal Application No. 8 of 2024) and requested an extension of time to file the charge‑sheet. The Court examined the reasons for the delay and found them satisfactory. Consequently, the delay was condoned and the original proceeding was restored to its prior position. The Court also granted the applicant’s request for an extension to file the charge‑sheet, setting a new deadline of 31 October 2026 by mutual consent of the parties.

Issues considered

Whether the 36‑day delay in restoring the original criminal proceeding can be condoned.
Whether the applicant is entitled to an extension of time to file the charge‑sheet.

Subjects

condonation of delay
criminal procedure
charge-sheet
extension of time
restoration of proceedings

Judgment

2026:BHC-AUG:44704




                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                          910 CRIMINAL APPLICATION NO. 3826 OF 2026
                             IN CRIMINAL APPLICATION NO. 8 OF 2024


                                PATHAN AKHIB PATHAN RASHID
                                          VERSUS
                          THE STATE OF MAHARASHTRA AND ANOTHER
                                            …

           Mr. Murlidhar S. Karad , Advocate for Applicant
           Mr. S. B. Narwade, APP for the Respondent/State

                                                       CORAM : R. M. JOSHI, J.
                                                       DATED     : 30th SEPTEMBER, 2026

           PER COURT :-

                     ORDER BELOW CRIMINAL APPLICATION NO. 3826/2026


           1.    This application is filed for condonation of delay of 36 days in

           restoration of original proceeding bearing Criminal Application No. 8 of 2024

           and setting aside the order dated 16.06.2026 passed by this Court.


           2.    Heard learned Advocates for both sides.


           3.    Application makes out satisfactory reason for condonation of delay. In

           the facts of the case, delay stands condoned. The proceeding bearing Criminal

           Application No. 8 of 2024 stands restored to its original position.




           910 APPLN 3826.2026.odt                                                 1 of 2
           ORDER BELOW CRIMINAL APPLICATION NO. 8/2024

4.    Learned Advocate for the Applicant seeks extension of time to file

charge-sheet on record.


5.    Leave granted.


6.    By consent of both sides, stand over to 31.10.2026.




                                                    ( R. M. JOSHI, J.)
ssp




910 APPLN 3826.2026.odt                                                  2 of 2

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