Bombay High Court

VISHAL VILAS NAKHATEversusTHE STATE OF MAHARASHTRA AND ANR

Decided: 17 September 2026
Disposal: Allowed

Holding

The Court held that the 193‑day delay in preferring the appeal is condoned, allowing the appeal to be registered.

Summary

The appellant, Vishal Vilas Nakhate, filed an interim application seeking condonation of a 193‑day delay in preferring his criminal appeal, having been in custody since 26 February 2021. The High Court examined the reasons and circumstances presented in the application. It found that the delay was justified given the appellant's prolonged detention and the explanations offered. Consequently, the Court allowed the application, condoned the delay, and ordered the appeal to be registered and listed for admission on 1 October 2026. The decision enables the appellant to proceed with his appeal against the conviction and sentence imposed by the lower court.

Issues considered

Whether a delay of 193 days in filing a criminal appeal can be condoned under procedural law

Subjects

condonation of delay
criminal appeal
procedural law
custody
high court

Judgment

                                                                        38-APEASLST-11549-2026.DOC




                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CRIMINAL APPELLATE JURISDICTION
                                           APPEAL (ST) NO. 11549 OF 2026


                      Vishal Vilas Nakhate                                          ..Appellant
                            Versus
                      The State of Maharashtra and Anr                          …Respondents

                                                       WITH
                                     INTERIM APPLICATION NO. 1939 OF 2026
                                                       WITH
                                     INTERIM APPLICATION NO. 1935 OF 2026

                      Mr. Tapan Thatte (Through VC), with Vivek Arote, Akshay Dingale
                            and Harish Garde, for the Appellant.
                      Smt. R.S. Tendulkar, APP, for Respondent No.1.
                      Adv Lakshmi Raman, (Appointed Advocate), for Respondent No.2.

                                                    CORAM:         N. J. JAMADAR, J.
                                                    DATE :         17th SEPTEMBER 2026

ARUN
RAMCHANDRA
SANKPAL
                      P.C.:
Digitally signed by
ARUN RAMCHANDRA
SANKPAL
Date: 2026.09.18
10:27:40 +0530
                      INTERIM APPLICATION NO. 1935 OF 2026 (CONDONATION OF

                      DELAY):

                      1.      Heard the learned Counsel for the parties.

                      2.      This is an Application for condonation of 193 days delay in

                      preferring the Appeal. The Applicant has been in custody since 26 th

                      February 2021.



                      ARS                                    1/2
                                                38-APEASLST-11549-2026.DOC

3.    In view of the aforesaid circumstances and reasons ascribed in the

Application, the delay in preferring the Appeal deserves to be condoned.

4.    Hence, the following order:

                                 :ORDER:

      (i)     The Application stands allowed.

      (ii)    The delay in preferring the Appeal stands condoned.

      (iii)   The Appeal be registered and listed for admission on 1 st

      October 2026.

                                            [N. J. JAMADAR, J.]




ARS                                   2/2

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