Bombay High Court
NIKHIL SHANTARAM GAIKARversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The Court condoned the 387‑day delay in filing the appeal.
Summary
The appellant, Nikhil Shantaram Gaikar, filed an interim application seeking condonation of a 387‑day delay in filing his criminal appeal (Stamp) No. 12480 of 2026. The respondent State of Maharashtra opposed the condonation. Both parties presented submissions explaining the reasons for the delay. The Court, after considering the counsel’s arguments, allowed the application, condoning the delay and ordering the appeal to be registered for statistical purposes. The interim application was disposed and the appeal was scheduled to be heard after six months, with the consent of the appellant’s counsel.
Issues considered
- Whether a delay of 387 days in filing a criminal appeal can be condoned under procedural law
Subjects
- condonation of delay
- criminal appeal
- interim application
- procedural law
- appeal filing deadline
Judgment
62-IA-2106-2026 (CR).doc
S.S.Kilaje
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 2106 OF 2026
IN
CRIMINAL APPEAL (STAMP) NO. 12480 OF 2026
Nikhil Shantaram Gaikar ...Appellant
VERSUS
State Of Maharashtra And Anr ...Respondents
_________________________________________________________________
Mr. Sanjiv Sawant a/w Mr. Heramb Kadam and Ms. Bhakti Wast i/b Mr.
Samir Suryawanshi, Advocate for Applicant.
Digitally signed
Smt. Ranjana D. Humane, APP for the Respondent-State.
SONALI by SONALI
SATISH KILAJE
SATISH Date:
2026.09.30
KILAJE 10:33:54
+0530
Mr. Prabhanjay R. Dave a/w Mr. Tanmay R. Tendulkar and Mr. Shankar K.
Ambhure, Advocate for Respondent No.2.
PSI – J.A. Bhosale, Shreenagar Police Station, Thane City, present.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 24th SEPTEMBER, 2026.
P.C. :
1. Heard learned counsel for the applicant, learned APP and
learned counsel for respondent No.2.
2. This Interim Application is for condonation of delay in filing the
Appeal.
3. Considering the submission of both the learned counsel and the
reasons mentioned in the Application, the Application is allowed and I pass
following order.
ORDER
(i) Delay of 387 days for filing Appeal is condoned.
Page 1 of 2
62-IA-2106-2026 (CR).doc
S.S.Kilaje
(ii) Interim Application is disposed of.
4. Appeal be registered for statistical purpose.
5. The learned APP submits that the Appeal be heard after six
months.
6. The learned counsel for the applicant consented for it, hence
matter be listed after six months.
(SHIVKUMAR DIGE, J.)
Page 2 of 2
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