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Bombay High Court

THE STATE OF MAHARASHTRAversusSANJAY FAGULAL CHAUHAN AND ANR

Decided
Disposal
Disposed Off

Holding

The court condoned the 99‑day delay and allowed the application for leave to appeal to be processed.

Summary

The State of Maharashtra filed an interim application seeking condonation of a 99‑day delay in filing an appeal against an acquittal order dated 29 June 2019. The delay arose because the certified copy of the judgment was assigned to different public prosecutors, causing procedural lag. The court examined whether the delay was intentional and whether condoning it would serve the interests of justice. Finding that the delay was not intentional, the judges held that it could be condoned. Consequently, the application for leave to appeal was allowed to proceed and was scheduled for listing on 26 October 2026. The interim application was thereafter disposed.

Issues considered

  • Whether a delay of 99 days in filing an application for leave to appeal can be condoned.

Subjects

  • condonation of delay
  • criminal appeal
  • acquittal
  • procedural law
  • interest of justice

Judgment

                                                                :1:                      15-IA-134-2020.odt

                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CRIMINAL APPELLATE JURISDICTION

                                          INTERIM APPLICATION NO.134 OF 2020
                                                            IN
                                    CRIMINAL APPLICATION [ALS] [STAMP] NO.2 OF 2020
                                               [For Leave to file an Appeal]

                               The State of Maharashtra                              …..Applicant
                                           Versus
                               Sanjay Fagulal Chauhan                                .….Respondents
                                                            -----
                               Ms. Supriya Kak, APP for the Applicant-State.
                               Mr. Prosper D’Souza, Advocate (appointed) for the Respondent
                               No.1.
                                                            -----

                                                         CORAM : SARANG V. KOTWAL &
                                                                 RANJITSINHA RAJA BHONSALE, JJ.

                                                         DATE    : 22nd SEPTEMBER, 2026
                               P.C. :

                               1.                  This is an Application for condonation of delay of

                               99 days in preferring application for leave to file appeal against

                               the judgment and order of acquittal dated 29.6.2019 passed by

                               the Additional Sessions Judge, Thane in Sessions Case

                               No.205/2016.


                               2.                  The learned APP states and it is mentioned in the

                               application that the application for certified copy was made on

            Digitally signed
            by
            PRADIPKUMAR                                                                               1 of 2
PRADIPKUMAR PRAKASHRAO
PRAKASHRAO DESHMANE
DESHMANE
            Date:
            2026.09.24              Deshmane(PS)
            10:52:55 +0530
                                 :2:                       15-IA-134-2020.odt

   29.6.2019 and it was delivered on 2.8.2019. The proposal was

   sent to the Law and Judiciary Department. A letter was issued

   to the Public Prosecutor’s office in this Court dated 23.10.2019

   which was received on 25.10.2019. It was allocated to one

   Public Prosecutor.       Subsequently it was assigned to another

   Public Prosecutor and hence there is a delay of 99 days in

   preferring the Appeal.


   3.              Considering these submissions, since the delay is

   not intentional, in the interest of justice, the delay of 99 days in

   filing the Application for leave to file Appeal, is condoned. The

   said Application be processed further.         The Application for

   leave to file appeal be listed on 26.10.2026.


   4.              Interim Application is disposed of accordingly.




(RANJITSINHA RAJA BHONSALE, J.)                (SARANG V. KOTWAL, J.)



   Deshmane (PS)




                                                                        2 of 2


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