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Bombay High Court

AMIT SUDAM GUJARversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The Court condoned the 108‑day delay in filing the appeal.

Summary

The applicant, Amit S. Gujar, filed an application for regular bail which was rejected by the trial court. He sought to appeal the rejection but filed the appeal 108 days after the order, exceeding the prescribed time limit. An interim application was filed before the High Court seeking condonation of this delay. The Court, after considering the reasons provided, exercised its discretion and condoned the 108‑day delay, directing that the appeal be listed for hearing on 9 September 2026. Consequently, the application for condonation was disposed of in the applicant’s favour.

Issues considered

  • Whether a delay of 108 days in filing an appeal against the order rejecting a regular bail application can be condoned under the provisions of the Criminal Procedure Code.

Subjects

  • bail
  • condonation of delay
  • criminal appeal
  • high court
  • procedural law

Judgment

         Digitally
         signed by
         DINESH
         SADANAND
                                                                        13-ia-2211-26 in apeal-st-13119-26.odt
DINESH
SADANAND SHERLA
SHERLA   Date:
         2026.08.28
         15:08:32
         +0530
                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION
                                     INTERIM APPLICATION NO. 2211 OF 2026
                                                      IN
                                    CRIMINAL APPEAL (ST) NO. 13119 OF 2026

                      Amit S. Gujar                                    …Applicant
                           V/s.
                      State of Maharashtra & Anr.                      ...Respondents.

                                                    …………..
                      Mr. Rohan Hogle a/w. Mr. Naagesh Khedkar and Mr. Amar Gujar for
                      the Applicant.
                      Mrs. Rutuja Ambekar, APP for the Respondent/State.
                      Mr. Anshuman R. Asare a/w. Mr. Mayur Dodake for Respondent
                      No.2.
                      PSI Kiran L., Uttamnagar Polic Station is present.
                                                   …………..

                                                     CORAM         :   N.R. BORKAR, J.
                                                     DATE          :   28.08.2026.

                      P.C. :

                      1.       This is an application for condonation of delay of 108 days in
                      filing the appeal against the order rejecting the application filed by
                      the present applicant for regular bail.
                      2.       For the reasons stated in the application, the delay of 108
                      days in filing the appeal is condoned.
                      3.       Criminal Appeal (St) No.13119 of 2026 be listed on 9.9.2026.
                      4.        The Application is disposed of in the aforesaid terms.



                                                                       [N.R.BORKAR, J.]




                      Dinesh S. Sherla                       1/1


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