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Bombay High Court

SANTOSH BHIMRAO WANKHEDEversusTHE STATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The Court condoned the 136‑day delay in preferring the appeal.

Summary

The appellant, Santosh Bhimrao Wankhede, who has been in custody for over eight years, filed an interim application seeking condonation of a 136‑day delay in preferring his criminal appeal (Cr. Appeal (ST) No. 6928 of 2026). The application argued that the delay was not deliberate and that condoning it would serve the cause of substantive justice. The High Court examined the reasons for the delay and considered the appellant's prolonged incarceration. Relying on principles of fairness and the need to prevent miscarriage of justice, the Court held that the delay could be condoned. Consequently, the interim application was disposed of, with the delay in filing the appeal being condoned.

Issues considered

  • Whether a delay of 136 days in preferring a criminal appeal can be condoned under the principles of substantive justice.

Subjects

  • condonation of delay
  • criminal appeal
  • substantive justice
  • interim application
  • high court

Judgment

ANANT
KRISHNA
NAIK
Digitally signed by
                                                                                          33.IA.1079.2026.doc
ANANT KRISHNA
NAIK
Date: 2026.09.05
16:27:45 +0530




                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CRIMINAL APPELLATE JURISDICTION

                                         INTERIM APPLICATION NO. 1079 OF 2026
                                                          IN
                                            CR. APPEAL (ST) NO. 6928 OF 2026

                      Santosh Bhimrao Wankhede                               ...Applicant/Appellant
                            Versus
                      The State Of Maharashtra & Anr                         ...Respondent

                      Mr. Manoj Badgujar for the Applicant/Appellant.
                      Smt. R. Tendulkar, APP for the Respondent-State
                      Ms Lakshmi Raman for the Respondent No. 2


                                                        CORAM          : N. J. JAMADAR, J.

                                                        DATE           : 3rd SEPTEMBER, 2026
                      P.C.

                      1.     Heard the learned Counsel for the parties.

                      2.     This is an Application for condonation of 136 days delay in preferring the

                      Appeal. The Applicant has been in custody for over 8 years. Thus, for the reasons

                      assigned in the Application and to advance the cause of substantive justice, the delay

                      in preferring the Appeal stands condoned.

                      3.     The Interim Application is disposed of.

                                                                             ( N. J. JAMADAR, J. )




                      Akn                                      1


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