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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