Bombay High Court

HIRAMAN MAHADU MALIversusSTATE OF MAHARASHTRA

Decided: 23 April 2026
Disposal: Disposed Off
Bench: A S GADKARI KAMAL KHATA

Holding

The Court held that the delay is condonable where sufficient cause is shown.

Summary

The applicant, Hiraman Mahadu Mali, filed an interim application seeking condonation of a 49‑day delay in filing an appeal against his conviction. The application was presented through Ms. Manisha Devkar, appointed by the Legal Aid Committee, on behalf of Mr. Shankar Katkar. The State of Maharashtra was represented by Smt. Madhavi H. Mhatre. The Court examined whether the delay could be excused under procedural law and found that the applicant had demonstrated sufficient cause for the lapse. Consequently, the Court exercised its discretion to condone the delay and allowed the application, permitting the appeal to proceed.

Issues considered

Whether a delay of 49 days in preferring an appeal against conviction can be condoned under the Criminal Procedure Code

Subjects

condonation of delay
criminal appeal
procedural law
legal aid
appeal against conviction

Judgment

DTG                                                        16-ii-Ia-1284-2026.doc



            IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                   CRIMINAL APPELLATE JURISDICTION

                 INTERIM APPLICATION NO. 1284 OF 2026
                                  IN
                 CRIMINAL APPEAL (ST.) NO. 8108 OF2026

Hiraman Mahadu Mali                         … Applicant
      V/s.
The State of Maharashtra                    … Respondent
               _______________________________________

Ms. Manisha Devkar i/b Mr. Shankar Katkar (Appointed Advocate) for
Applicant.

Smt. Madhavi H. Mhatre, A.P.P. for Respondent-State.
              _______________________________________

                            CORAM : A. S. GADKARI AND
                                    KAMAL KHATA, JJ.
                            DATE  : 23rd April 2026
P.C. :

1)          This is an Application for condonation of delay of 49 days in

preferring Appeal against conviction.

2)          Heard learned Advocate appointed by Legal Aid Committee to

represent the Applicant.

3)          Perusal of Application indicates that, sufficient cause is made out

for condonation of delay.

4)          In view thereof, delay is condoned and Application is allowed in

terms of prayer clause (a).



            ( KAMAL KHATA, J. )                   ( A.S. GADKARI, J. )

                                                                                    1/1

Continue reading with your account

Checking your session…