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Bombay High Court

Suresh Maruti BhakareversusRajaram Rambhau Bhumkar

Decided
Disposal
Disposed Off

Holding

The court held that the six‑day delay was condonable and granted the application.

Summary

Navnath Waghmare filed an application for leave to appeal (ST) No. 9462 of 2026 but submitted it six days after the prescribed period. The respondent No.1, Rajaram Rambhau Bhumkar & Anr., was duly served but did not appear or file a reply. The court examined the reasons for the delay and found that sufficient cause was shown. Accordingly, the court condoned the six‑day delay and allowed the application. The matter was listed for further hearing on 9 October 2026.

Issues considered

  • Whether a delay of six days in filing a leave application can be condoned under procedural law.

Subjects

  • condonation of delay
  • leave to appeal
  • criminal appellate jurisdiction
  • procedural law
  • interim application

Judgment

                                                                        16-IA-1670-2026 .doc



                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CRIMINAL APPELLATE JURISDICTION

                                         INTERIM APPLICATION NO. 1670 OF 2026
NAVNATH                                              IN
SITARAM                    APPLICATION FOR LEAVE TO APPEAL(PVT.) (ST) NO. 9462 OF 2026
WAGHMARE
Digitally signed by   Suresh Maruti Bhakare                                   ...Applicant
NAVNATH SITARAM
WAGHMARE
Date: 2026.09.18                    Versus
19:16:09 +0530
                      Rajaram Rambhau Bhumkar & Anr.                          ...Respondents
                                                         ***
                      Mr. Sagar P. Kshirsagar i/b Mr. Avinash M. Reddy for the Applicant.
                      None for Respondent No. 1
                      Ms. Sharmila Kaushik, APP for the Respondent No.2/State.
                                                         ***
                                                 CORAM : M.M. SATHAYE, J.
                                                  DATE : 18th SEPTEMBER, 2026
                      P.C. :

                      1.          Heard learned counsel for the Applicant.

                      2.          This is an application for condonation of delay of 6 days in
                      filing leave application. According to office note, Respondent No.1 is
                      duly served. Nobody is appearing for the Respondent No.1 and no reply
                      is filed.

                      3.          Considering the extent of delay and after going through the
                      averments made in the application, sufficient cause is made out.
                      Application is allowed, delay is condoned.

                      4.          List ALP (ST) NO. 9462/2026 on 09.10.2026.



                                                               (M.M. SATHAYE, J.)




                      Navnath Waghmare                                                         1


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