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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