Bombay High Court

SHUBHAM @ RUSHIKESH BAJIRAO BHAGWATversusSTATE OF MAHARASHTRA

Decided: 8 September 2026
Disposal: Disposed Off

Holding

The court condoned the 80‑day delay and allowed the criminal appeal to be registered.

Summary

The applicant, Shubham @ Rushikesh Bhagwat, sought to file a criminal appeal against a conviction but missed the prescribed period by 80 days. An interim application was filed requesting condonation of this delay. The court examined the application, considered the applicant's bona fides, and found sufficient cause to excuse the delay. Consequently, the court made the interim application absolute, ordered the delay to be condoned, and directed the registry to register the criminal appeal. The State, through its counsel, waived notice, and the matter was set for further proceedings.

Issues considered

Whether a delay of 80 days in filing a criminal appeal can be condoned under the procedural law.

Subjects

criminal appeal
condonation of delay
interim application
procedural law
Criminal Procedure Code

Judgment

          Digitally
          signed by
          RUSHIKESH
RUSHIKESH VISHNU
VISHNU    PATIL
PATIL     Date:
          2026.09.09
          14:08:54
          +0530
                                                   1/2                 5 IA.1588.2026.odt


                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CRIMINAL APPELLATE JURISDICTION
                                     INTERIM APPLICATION NO. 1588 OF 2026
                                                         IN
                                   CRIMINAL APPEAL (STAMP) NO. 9984 OF 2026
                                                     WITH
                                   CRIMINAL APPEAL (STAMP) NO. 9984 OF 2026

                       Shubham @ Rushikesh Bajirao
                       Bhagwat                                  ..   Applicant
                                          Versus
                       The State of Maharashtra                 ..   Respondent
                                                    …
                       Mr. Sushan Mhatre, for the Applicant/Appellant.

                       Ms Sangeeta D. Shinde, APP, for the Respondent-State.
                                                     ...

                                           CORAM: BHARATI DANGRE &
                                                  ASHISH S. CHAVAN, JJ.

                                           DATED : 08th SEPTEMBER, 2026

                       P.C:-

                       INTERIM APPLICATION NO. 1588 OF 2026:


                       1.      The Application seeks condonation of delay of 80 days in
                       filing the Criminal Appeal, being aggrieved by the impugned
                       judgment of conviction.

                               We have heard the learned counsel appointed through
                       Legal Services Authority and perused the Application. Being
                       satisfied with the bona fides, we deem it appropriate to
                       condone the delay caused in filing the Criminal Appeal.

                       Rushikesh
                            2/2                 5 IA.1588.2026.odt

       Interim Application is made absolute and is disposed of
accordingly.

       The Registry is directed to register the Criminal Appeal.


CRIMINAL APPEAL (STAMP) NO. 9984 OF 2026:


2.     Admit.

       The learned APP waives notice on behalf of the State.

       Call for the Record and Proceedings.




(ASHISH S. CHAVAN, J.)                 (BHARATI DANGRE, J.)




Rushikesh

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