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Bombay High Court

SANKET RAMESH SHELKEversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The court held that condonation of delay is permissible where the appellant shows bona fides.

Summary

The appellant, Sanket Ramesh Shelke, filed a criminal appeal under the Stamp Act 98 days after the prescribed period and moved an interim application seeking condonation of the delay. The State of Maharashtra, represented by Ms S.D. Shinde, waived notice. The court examined the application and, satisfied with the appellant’s demonstrated bona fides, granted the condonation. The application was made absolute, allowing the appeal to proceed despite the delay. No substantive merits of the appeal were addressed in this order.

Issues considered

  • Whether the court may condone a delay of 98 days in filing a criminal appeal under the applicable procedural law?

Subjects

  • condonation of delay
  • criminal appeal
  • procedural law
  • interim application

Judgment

          Digitally
          signed by
          RUSHIKESH
RUSHIKESH VISHNU
VISHNU    PATIL
PATIL     Date:
          2026.08.25
          18:15:05
          +0530                                    1/2             19 APEAL(ST).16143.2026.odt


                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION


                                   CRIMINAL APPEAL (STAMP) NO. 16143 OF 2026
                                                     WITH
                                     INTERIM APPLICATION NO. 2821 OF 2026
                                                         IN
                                   CRIMINAL APPEAL (STAMP) NO. 16143 OF 2026

                       Sanket Ramesh Shelke                   .. Appellant/Applicant
                                         Versus
                       The State of Maharashtra               .. Respondent
                                                         …
                       Ms Rebecca Gonsalves, Advocate appointed for the Appellant.
                       Ms S. D. Shinde, APP, for the Respondent-State.
                                                      ...

                                           CORAM: BHARATI DANGRE &
                                                  ASHISH S. CHAVAN, JJ.

                                           DATED : 18th AUGUST, 2026

                       P.C:-

                       INTERIM APPLICATION NO. 2821 OF 2026:

                       1.      The Interim Application seeks condonation of a delay of
                       98 days in filing the Appeal. We have heard learned counsel,
                       Ms Gonsalves, for the Applicant and perused the Application.

                               Being satisfied with the bona fides of the cause shown by
                       the Applicant, the Application is made absolute.




                       Rushikesh
                           2/2               19 APEAL(ST).16143.2026.odt

CRIMINAL APPEAL (STAMP) NO. 16143 OF 2026:


2.     Admit.

       Learned APP, Ms. Shinde waives notice on behalf of the
State.

       Call for Record and Proceedings.




(ASHISH S. CHAVAN J.)                     (BHARATI DANGRE, J.)




Rushikesh


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