Bombay High Court

BHIWRABAI HANUMANT PANCHALversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The court held that the 178‑day delay in filing the revision was condonable and the revision may be converted into an appeal.

Summary

The petitioner, Bhiwrabai Hanumant Panchal, filed a criminal application seeking condonation of a 178‑day delay in filing a revision application. The respondent State of Maharashtra opposed the condonation. The court examined whether such a delay could be excused under procedural law. Relying on the principles governing condonation of delay, the judge allowed the application and ordered that the delay be condoned. Consequently, the pending criminal revision was ordered to be converted into an appeal, and the criminal application was disposed of.

Issues considered

Whether a delay of 178 days in filing a criminal revision application can be condoned.
Whether the revision application can be converted into an appeal after condonation of delay.

Subjects

condonation of delay
criminal revision
appeal conversion
procedural law

Judgment

                                                913-Cri-Apln-5217-2017.odt




       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                  BENCH AT AURANGABAD

         913 CRIMINAL APPLICATION NO. 5217 OF 2017
                    IN REVNST/274/2017

               BHIWRABAI HANUMANT PANCHAL
                             VERSUS
         THE STATE OF MAHARASHTRA AND OTHERS
                                .…
Ms Tina M. Tripathi h/f Mr. M. P. Tripathi, Advocate for Applicant
Ms Chaitali R. Chaudhari - Kutti, APP for Respondent No.1 - State
                                .…

                    CORAM : ABHAY S. WAGHWASE, J.

                       DATE : 03 September, 2026
PER COURT :-

CRIMINAL APPLICATION NO. 5217 OF 2017.
1.       This is an application for condonation of 178 days
delay in filing the revision application.

2.          For the reasons stated in the application, the same is
allowed. Delay condoned.

3.          Criminal Application is disposed off.


CRIMINAL REVISION APPLICATION STAMP NO.274 OF 2017.
4.          Criminal Revision Application is allowed to be

converted into the Appeal.


                                      [ ABHAY S. WAGHWASE, J. ]
SMS



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