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Bombay High Court

Mahesh Sahadev Kir Proprietor Siddhant Krushiseva KendraversusMussadiq Mahamadsab Bandarkar

Decided
Disposal
Disposed Off

Holding

The Court allowed the applications and granted a six‑week extension to file the appeals.

Summary

The applicant, Mahesh Sahadev Kir Proprietor, filed multiple interim applications seeking an extension of time to file appeals before the Sessions Court, invoking the liberty granted by a prior High Court order dated 14 October 2025. The applicant alleged that his mother's serious illness, substantiated by a medical certificate, prevented timely filing and that the delay was not willful. The respondent was duly served but did not appear or file a reply. The Court, noting the earlier liberty and the applicant's circumstances, found a case for granting the extension. Consequently, the Court allowed the applications and granted a six‑week extension for filing the appeals, disposing of the applications accordingly.

Issues considered

  • Whether the applicant is entitled to an extension of time for filing appeals under the liberty granted by the High Court order dated 14.10.2025 given the medical emergency.

Subjects

  • extension of time
  • appeal filing
  • criminal appellate jurisdiction
  • medical emergency
  • procedural law

Judgment

       Digitally
       signed by
       VINA
VINA   ARVIND
ARVIND KHADPE
KHADPE Date:                                                      4.cri.ia.1738.2026.doc
       2026.08.27
       17:28:23
       +0530




                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CRIMINAL APPELLATE JURISDICTION

                                    INTERIM APPLICATION NO.1738 OF 2026
                                                    IN
                                  CRIMINAL APLICATION (ALP) NO.61 OF 2023

                    Mahesh Sahadev Kir Proprietor
                    Siddhant Krushiseva Kendra                   … Applicant
                         Versus
                    Mussadiq Mahamadsab Bandarkar                … Respondent
                                                   WITH
                                    INTERIM APPLICATION NO.1745 OF 2026
                                                    IN
                                  CRIMINAL APLICATION (ALP) NO.64 OF 2023

                    Mahesh Sahadev Kir Proprietor
                    Siddhant Krushiseva Kendra                   … Applicant
                         Versus
                    Mussadiq Mahamadsab Bandarkar                … Respondent
                                                   WITH
                                    INTERIM APPLICATION NO.1740 OF 2026
                                                    IN
                                  CRIMINAL APLICATION (ALP) NO.62 OF 2023

                    Mahesh Sahadev Kir Proprietor
                    Siddhant Krushiseva Kendra                   … Applicant
                         Versus
                    Mussadiq Mahamadsab Bandarkar                … Respondent
                                                   WITH
                                    INTERIM APPLICATION NO.1742 OF 2026
                                                    IN
                                  CRIMINAL APLICATION (ALP) NO.63 OF 2023

                    Mahesh Sahadev Kir Proprietor
                    Siddhant Krushiseva Kendra                   … Applicant
                         Versus
                    Mussadiq Mahamadsab Bandarkar                … Respondent


                    Vina Khadpe                        1
                                                     4.cri.ia.1738.2026.doc




                                 ***
Mr. Sidheshwar Galande i/b. Ms. Shivani Kondekar for the Applicant.
None for Respondent No.1.
Ms. S. S. Kaushik, APP for Respondent-State.
                                 ***

                                      CORAM : M.M. SATHAYE, J.
                                      DATE     : 27 AUGUST, 2026
P.C. :

1.       Heard the learned Advocate for the Applicant in all
Applications. These Applications are filed seeking extension of time
for filing appeals before the Sessions Court, as per liberty granted by
this Court vide common order dated 14.10.2025.

2.       According to the office note, Respondent No.1 is duly served in
all Applications. Nobody appears for Respondent No.1 to oppose the
Applications. No reply has been filed.

3.       Perused the Applications. In paragraph 5 of the Application, it
is stated that the Applicant could not file Appeals in time due to the
serious illness of his mother who required constant medical care.
Medical certificate is produced on record. It is submitted that the
delay was neither willful nor deliberate and was solely attributable to
unavoidable circumstances beyond Applicant’s control.

4.       Considering that leave is already granted by this Court and
further considering the averments made in the Applications, a case of
extension to time is made out.

5.       Hence the Applications are allowed. Applicant is granted


Vina Khadpe                            2
                                                   4.cri.ia.1738.2026.doc




extension of six weeks to file appeals in terms of the liberty granted
by order dated 14.10.2025.

6.     The Applications are disposed of in above terms.




                                             (M.M. SATHAYE, J.)




Vina Khadpe                          3


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