Bombay High Court

BALKRUSHNA@DIGAMBAR BHIKU SABALEversusSTATE OF MAHARASHTRA

Disposal: Allowed
Bench: MEHROZ ASHRAF KHAN PATHAN

Holding

The court condoned the delay, ordered payment of costs, and restored the bail application to its original position.

Summary

The applicant, Balkrushna@Digambar Bhiku Sabale, filed an interim application seeking restoration of a bail application that had been dismissed for non‑prosecution on 15 October 2025. The court noted a 95‑day delay in filing the restoration application. Relying on principles of procedural fairness, the court condoned the delay, subject to the applicant paying costs of Rs. 5,000 each to the Kolhapur High Court Bar Association and the Government Pleader’s Office. The applicant was directed to produce proof of payment within one week. Upon payment, the bail application will be reinstated to its original position and placed before the court on 3 July 2026. The interim application was thereafter disposed of.

Issues considered

What is the appropriate judicial approach to condoning a 95‑day delay in filing a restoration application for bail?
Can a bail application dismissed for non‑prosecution be restored upon payment of costs?

Subjects

bail
restoration of bail
delay condonation
non‑prosecution
criminal procedure

Judgment

2026:BHC-KOL:4560

                                             1                      37.IA-157-2026.doc




                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               CIRCUIT BENCH AT KOLHAPUR
                              CRIMINAL APPELLATE JURISDICTION

                         INTERIM APPLICATION NO. 157 OF 2026
                                       IN
                          BAIL APPLICATION NO. 3837 OF 2023

                        BALKRUSHNA@DIGAMBAR BHIKU SABALE
                                    VERSUS
                           THE STATE OF MAHARASHTRA

                                         …
              Advocate for Applicant : Mr. Abhishek Ingle (through V.C.)
              a/w Mr. Magdum a/w Mr. Deshmukh Pankajsinh Arvind

                    APP for Respondent/State : Mr. Nitin B. Patil
                                        …
                                        CORAM : MEHROZ K. PATHAN, J.
                                          DATE : 22nd JUNE 2026

              PER COURT :
              1.        The bail application was dismissed for non-prosecution vide
              order dated 15.10.2025 passed by this Court.


              2.        For the reasons stated in the application, the delay of 95
              days in filing the restoration application is condoned, subject to
              payment of costs of Rs. 5,000/- to the Kolhapur High Court Bar
              Association and Rs. 5,000/- to the Government Pleader’s Office
              within a period of one week. The applicant shall produce
              acknowledgment of such payment.


              3.        After deposit of the aforesaid amounts with the Kolhapur
                                2                    37.IA-157-2026.doc




High Court Bar Association and the Government Pleader’s Office, the
bail application shall stand restored to its original position and be
placed before this Court on 03.07.2026.


4.         The Interim Application is disposed of.




                                             MEHROZ K. PATHAN
                                                 JUDGE


NAJEEB..

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