Bombay High Court

BABAN DUL BAJI SURYWANSHIversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF
Bench: SANDIPKUMAR C MORE ABASAHEB D SHINDE

Holding

The Court held that no delay existed in filing the appeal, and therefore the application for condonation of delay was dismissed.

Summary

The appellant, Baban Dul Baji Surywanshi, filed a criminal appeal (No. 165/2026) against his acquittal in a case tried by the State of Maharashtra. The appellant sought condonation of delay, alleging that the appeal was filed within the prescribed period. The learned counsel for the appellant submitted that there was no delay, a position corroborated by the appellant himself. The Court examined the submissions and found no merit in the claim of delay. Consequently, the application for condonation of delay was dismissed and the appeal was scheduled for listing on 24.03.2026.

Issues considered

Was there any delay in filing the criminal appeal against the acquittal?
Is condonation of delay required in the present circumstances?

Subjects

criminal appeal
acquittal
delay
condonation
procedural law

Judgment

2026:BHC-AUG:10122-DB
                                         1                          43.Appln.4769.25.odt


                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                           CRIMINAL APPLICATION NO. 4769 OF 2025
                                     IN APEAL/165/2026

                               BABAN DUL BAJI SURYWANSHI
                                         VERSUS
                           THE STATE OF MAHARASHTRA AND ORS.

                                             WITH

                              CRIMINAL APPEAL NO. 165 OF 2026

                                BABAN DUL BAJI SURYWANSHI
                                         VERSUS
                          THE STATE OF MAHARASHTRA AND OTHERS

                                                ...
                   Advocate for Applicant/Appellant : Mr. Nirmal Ramchandra J.
                              APP for Respondents: Mr. G.A. Kulkarni
                                                ...

                                  CORAM         : SANDIPKUMAR C. MORE &
                                                  ABASAHEB D. SHINDE, JJ.


                                  DATE          : 09.03.2026


             PER COURT:

             1.           Learned counsel for the applicant submits that in fact

             there is no delay in filing Appeal. This fact is also confirmed by the

             learned APP.     Appeal of the appellant against the acquittal has

             already registered. As such the application for delay stands disposed

             of.
                        2                         43.Appln.4769.25.odt


2.        Learned counsel for the applicant/appellant undertakes

to place on record copies of notes of evidence along with the

impugned judgment.   List the Criminal Appeal No.165/2026 on

24.03.2026.




(ABASAHEB D. SHINDE, J.)          (SANDIPKUMAR C. MORE, J.)



habeeb/

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