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Bombay High Court

STATE OF MAHARASHTRAversusSATISH RAMDAS PATIL AND ORS.

Decided
Disposal
Disposed Off

Holding

The Court held that the 125‑day delay was not deliberate or intentional and could be condoned.

Summary

The State of Maharashtra sought condonation of a 125‑day delay in filing a Criminal Application for leave to appeal against an acquittal order dated 22‑Nov‑2023. The delay arose because the certified copy of the judgment was obtained on 23‑Nov‑2023, scrutinised by the Director of Prosecution on 15‑Feb‑2024, forwarded to the Law and Judiciary Department, and only received by the Public Prosecutor on 20‑Jun‑2024, leading to the application being filed on 28‑Jun‑2024. Respondents opposed the condonation. The High Court examined the reasons, found the delay neither deliberate nor intentional, and therefore allowed the condonation. Consequently, the application for leave to appeal was ordered to be registered and the interim application was disposed.

Issues considered

  • Whether a delay of 125 days in filing an application for leave to appeal can be condoned under the applicable provisions of the Criminal Procedure Code.

Subjects

  • condonation of delay
  • criminal appeal
  • acquittal
  • procedural delay
  • High Court
  • leave to appeal

Judgment

                                                  1/3             14-IA-2694-24-IN-ALS-ST-14568-24.odt

                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CRIMINAL APPELLATE JURISDICTION

                                       INTERIM APPLICATION NO.2694 OF 2024
                                              (For Condonation of Delay)
                                                          IN
                                    CRIMINAL APPLICATION (ST) NO.14568 OF 2024
                                             (For Leave to file an Appeal)

                          The State of Maharashtra                           .... Applicant

                                    versus

                          Satish Ramdas Patil & Ors.                         .... Respondents
                                                                             (Original accused)
                                                          …....

                          •     Ms. Mahalakshmi Ganapathy, APP for the State/Applicant.
                          •     Mr. Vikas Mourya i/b. M. N. Sandhyanshiv, Advocate for
                                Respondent Nos.1 to 4.

                                               CORAM      : SARANG V. KOTWAL &
                                                            SANDESH D. PATIL, JJ.
                                               DATE       : 04th MARCH, 2026

                          P.C. :


                          1.           The State has filed the present Interim Application for

                               condonation of delay of 125 days in filing the Criminal

                               Application for leave to Appeal against the Judgment and Order

                               of acquittal dated 22/11/2023 passed by the learned Additional
MANUSHREE
NESARIKAR

Digitally signed by
MANUSHREE
                               Sessions Judge, Malegaon. The learned Sessions Judge,
NESARIKAR
Date: 2026.03.07
14:47:47 +0530

                               Malegaon, had acquitted the Respondents vide the order dated

              Nesarikar
                         2/3          14-IA-2694-24-IN-ALS-ST-14568-24.odt

     22/11/2023. The learned APP states that the impugned

     Judgment and Order was passed on 22/11/2023. The

     application for certified copy was preferred on 23/11/2023. The

     same was ready and was delivered on 28/11/2023. The last

     date for filing of the application was 26/02/2024. She states

     that the papers were scrutinized by the concerned Director of

     Prosecution, Maharashtra State, Mumbai, vide his letter dated

     15/02/2024. He submitted papers to the Law and Judiciary

     Department, Mantralaya, Mumbai. The papers were received

     from the Law and Judiciary Department by the office of Public

     Prosecutor on 20/06/2024. The present application was

     preferred on 28/06/2024. He submits that the delay is not thus

     intentional or deliberate, but for the reason mentioned above.



2.            Learned counsel Mr. Vikas Mourya for the Respondent

     has strongly opposed the application for condonation of delay.



3.            Having considered the reasons given for the delay of

     125 days, which is caused, we are convinced that the learned

     APP has sufficiently explained the delay in paragraph No.2 of
                          3/3           14-IA-2694-24-IN-ALS-ST-14568-24.odt

     the application. We are satisfied that the delay is not deliberate

     or intentional, but for the reasons mentioned above. The

     application is, therefore, allowed. The delay of 125 days, caused

     in filing the criminal application for leave to Appeal against the

     Judgment and Order dated 22/11/2023, is condoned.



4.             The application for leave to file Appeal be registered.



5.             The Interim Application No.2694 of 2024 is disposed

     of.




           (SANDESH D. PATIL, J.)             (SARANG V. KOTWAL, J.)


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