Bombay High Court

VENKATESH ALIAS BANDU BHUMANNA KANCHARLAWAR,versusTHE STATE OF MAHARASHTRA AND OTHERS

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

Holding

The court held that the 22‑day delay in filing the appeal is condonable and allowed the application.

Summary

The petitioner, an injured eyewitness (PW‑3), filed Criminal Application No. 82 of 2026 seeking condonation of a 22‑day delay in filing a criminal appeal against his conviction. The appeal of another accused in the same case had already been admitted by the court. The application argued that the delay was not deliberate and should be excused. The bench, after considering the submission, found no substantive reason to reject the condonation. Consequently, the court allowed the application, condoned the delay, and ordered that the appeal be registered. The matter was adjourned to 25 March 2026 for further proceedings.

Issues considered

Whether a delay of 22 days in filing a criminal appeal by the victim can be condoned under the Criminal Procedure Code.

Subjects

Criminal Procedure Code
condonation of delay
appeal
witness
High Court

Judgment

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                                     -1-

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       BENCH AT AURANGABAD

               15 CRIMINAL APPLICATION NO. 82 OF 2026
                        IN APEALST/209/2026

           Venkatesh Alias Bandu Bhumanna Kancharlawar,
                              VERSUS
                The State Of Maharashtra And Others
                                 ...
Mr. Mukhedkar Amit Arunkumar, Advocate for Applicant
Mr. S. P. Sonpawale, APP for Respondents/State
                                 ..
                               WITH
                CRIMINAL APPEAL NO. 966 OF 2025
                               WITH
              CRIMINAL APPLICATION NO. 81 OF 2026
                         IN APEAL/966/2025
                               WITH
             CRIMINAL APPLICATION NO. 4705 OF 2025
                         IN APEAL/966/2025
                                 ...
                       CORAM : SANDIPKUMAR C. MORE AND
                               ABASAHEB D. SHINDE, JJ.
                       DATED : 4TH MARCH 2026

PER COURT :-

CRIMINAL APPLICATION NO. 82 OF 2026

1.        This application is filed for condonation of delay of 22 days in

filing the Criminal Appeal by the victim i.e. injured eye witness PW-3.

The Appeal against conviction filed by the other accused is already

admitted.

2.        As such, for the reasons stated in the application, the same

stands allowed and the delay of 22 days in filing this Appeal stands

Narwade
                                                                        15
                                      -2-

condoned. Appeal be registered.

3.        Stand over to 25.03.2026.


[ABASAHEB D. SHINDE, J.]                    [SANDIPKUMAR C. MORE, J.]




Narwade

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