Bombay High Court

ISMAIL RIAZ SHAIKHversusSTATE OF MAHARASHTRA AND ANR

Decided: 17 August 2026
Disposal: Disposed Off

Holding

The Court condoned the 142‑day delay in filing the appeal.

Summary

The applicant, Ismail Riaz Shaikh, sought condonation of a 142‑day delay in filing an appeal against the trial court’s order denying bail. The High Court examined whether such a lengthy delay could be justified under the principles governing condonation of delay in criminal appeals. Relying on the need to balance the interests of justice with procedural regularity, the Court found the reasons for delay sufficient to merit condonation. Consequently, the Court ordered that the delay be condoned, disposed of the interim application, and scheduled the main criminal appeal for hearing on 25 August 2026.

Issues considered

Whether a delay of 142 days in filing an appeal against a bail denial can be condoned under the applicable procedural law.

Subjects

condonation of delay
criminal appeal
bail
interim application
High Court of Bombay

Judgment

         Digitally
         signed by
         DINESH
DINESH   SADANAND
SADANAND SHERLA
SHERLA   Date:                                                          39-ia-1961-26 in apeal-st-11704-26.odt
         2026.08.17
         18:09:54
         +0530



                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION
                                     INTERIM APPLICATION NO. 1961 OF 2026
                                                      in
                                    CRIMINAL APPEAL (ST) NO. 11704 OF 2026

                      Ismail Riaz Shaikh                                      …Applicant
                           V/s.
                      State of Maharashtra & Anr.                             ...Respondents.

                                                  …………..
                      Ms Pooja Agarwal (through VC) for the Applicant.
                      Mrs. Rutuja Ambekar, APP for the Respondent/State.
                                                  …………..

                                                     CORAM         :   N.R. BORKAR, J.
                                                     DATE          :   17.08.2026.

                      P.C. :

                      1.       This is an application for condonation of delay of 142 days in
                      filing the appeal against the order rejecting the application filed by
                      the applicant for bail.


                      2.       For the reasons stated in the application, the delay in filing
                      the appeal is condoned.


                      3.       Interim Application is disposed of.


                      4.         Criminal Appeal (St) No. 11704 of 2026 be listed on 25 th
                      August 2026.


                                                                       [N.R.BORKAR, J.]



                      Dinesh S. Sherla                       1/1

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