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Bombay High Court

RAHUL ASHOK SHELAKEversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The Court condoned the 19‑day delay in filing the appeal, allowing the appeal to proceed.

Summary

The appellant, Rahul A. Shelake, filed an interim application seeking condonation of a 19‑day delay in filing a criminal appeal under Section 14‑A of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, challenging the trial court’s order rejecting his bail application. The application argued that the delay was caused by unavoidable circumstances and that condoning it would not prejudice the respondents. The Court examined whether the statutory time‑limit for filing an appeal could be relaxed in view of the reasons offered. Relying on the principle that procedural delays may be excused if sufficient cause is shown and no injustice results, the Court decided to condone the delay. Consequently, the appeal (Criminal Appeal (ST) No. 16404 of 2026) was ordered to be listed for hearing on 30 September 2026, and the interim application was disposed of.

Issues considered

  • What is the appropriate test for condoning a delay in filing an appeal under Section 14‑A of the SC & ST Act?

Legislation cited

Subjects

  • condonation of delay
  • criminal appeal
  • Section 14-A
  • SC & ST Act
  • bail rejection

Judgment

                                                         39-ia-2872-26 in apeal-st.odt


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CRIMINAL APPELLATE JURISDICTION
               INTERIM APPLICATION NO. 2872 OF 2026
                                IN
              CRIMINAL APPEAL (ST) NO.16404 OF 2026

Rahul A. Shelake                             …Appellant/Applicant
     V/s.
State of Maharashtra & Anr.          ...Respondents.
                              …………..
Mr. Akshay Bankapur for the Appellant/Applicant.
Mr. V.N. Sagare, APP for the Respondent/State.
Ms Sonam Pandey, Appointed Advocate for Respondent No.2.
                              …………..
                            CORAM :        N.R. BORKAR, J.
                            DATE     :     22.09.2026.
P.C. :

1.       This is an application for condonation of delay in filing the
appeal under Section 14-A of the Scheduled Caste and the
Scheduled Tribes (Prevention of Atrocities) Act (for short “SC & ST
Act”) against the order rejecting bail application filed by the
present appellant.


2.         For the reasons stated in the application, the delay of 19
days in filing the appeal is condoned.


3.       Criminal Appeal (St) No. 16404 of 2026 be listed on
30.9.2026.


4.       The Interim Application is disposed of accordingly.


                                                  [N.R.BORKAR, J.]


Dinesh S. Sherla                       1/1


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