Bombay High Court

SHAIKH SHAMSHODIN S/O SAHIKH SAJJAD AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The court held that the 41‑day delay may be condoned and allowed the application.

Summary

The applicants, Shaikh Shamshodin and others, filed a criminal application seeking condonation of a 41‑day delay in filing a criminal revision. The revision pertained to an earlier order of the High Court at Aurangabad. The sole issue before the court was whether the statutory period for filing the revision could be extended despite the lapse. The court, after hearing counsel for both sides, found the reasons for delay satisfactory and exercised its discretion to condone the delay. Consequently, the criminal application was disposed of and the revision application was duly registered, with notice issued to the respondents.

Issues considered

Whether a delay of 41 days in filing a criminal revision application can be condoned under the applicable procedural law?

Subjects

Criminal Procedure
Condonation of Delay
Revision Application
High Court
Procedural Law

Judgment

                                                            922.23appln
                                   (1)

      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 BENCH AT AURANGABAD

      1 CRIMINAL APPLICATION NO. 922 OF 2023
                    IN/WITH
CRIMINAL REVISION APPLICATION (ST.) NO. 2182 OF 2023

     SHAIKH SHAMSHODIN S/O SAHIKH SAJJAD AND OTHERS
                         VERSUS
          THE STATE OF MAHARASHTRA AND OTHERS
                                  …..
Mr Shaikh Mujtaba Gulam Mustafa and Ms S. L. Awchar, Advocates
for Applicants
Mr S. G. Sangle, APP for Respondent No.1/State
                               …..
                         CORAM : SUSHIL M. GHODESWAR, J.

                             DATE : 24th AUGUST, 2026

P. C. :


           CRIMINAL APPLICATION NO. 922 OF 2023


1.           This is an application for condonation of delay of 41 days

caused in filing the criminal revision application.


2.           Heard learned Advocate for the applicants and learned

APP for respondent No.1.


3.           For the reasons stated in the application, the same is

allowed. Delay is condoned. Criminal Application stands disposed of.


4.           Criminal Revision Application be registered.
                                                           922.23appln
                                 (2)




CRIMINAL REVISION APPLICATION (ST.) NO. 2182 OF 2023


5.          Heard.


6.          Issue notice to the respondents, returnable on 15/09/2026.


7.          Learned APP waives service of notice on behalf of

respondent No.1/State.


                                   [SUSHIL M. GHODESWAR, J.]
sjk

Continue reading with your account

Checking your session…