Bombay High Court

THE STATE OF MAHARASHTRAversusRAJESH DEVAJI MALEKAR AND ANR

Disposal: Disposed Off

Holding

The court held that the 21‑day delay in filing the appeal could be condoned, permitting the appeal to proceed.

Summary

The State of Maharashtra filed an application for leave to appeal against the acquittal of Rajesh Devaji Malekar and another. The appeal was filed 21 days beyond the prescribed period, prompting the State to seek condonation of delay. Respondent No.1, the acquitted accused, was duly served but did not appear before the court. The court examined whether the delay could be condoned under criminal procedure law and whether service to the acquitted accused was sufficient. It allowed the condonation of the 21‑day delay, disposed of the interim application, and ordered that the appeal be listed for hearing on 25 November 2026.

Issues considered

Whether a delay of 21 days in filing an appeal can be condoned under the Criminal Procedure Code
Whether service of notice to an acquitted accused who does not appear satisfies procedural requirements

Subjects

condonation of delay
leave to appeal
Criminal Procedure Code
acquittal
service of notice
appeal listing

Judgment

                                                             16-ALS(ST)-15532-2025.doc



               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CIRCUIT BENCH AT KOLHAPUR
                       CRIMINAL APPELLATE JURISDICTION
 APPLN FOR LEAVE TO APPEAL(STATE) (STAMP) NO. 15532 OF 2025

The State Of Maharashtra                               ...Appellant
          Versus
Rajesh Devaji Malekar And Another                      ...Respondents
                               WITH
             CRI-INTERIM APPLICATION NO. 2964 OF 2025
     IN APPLN FOR LEAVE TO APPEAL(STATE) (STAMP) NO. 15532 OF
                            2025
The State Of Maharashtra                               ...Applicant
          Versus
Rajesh Devaji Malekar And Another                      ...Respondents
                                  ——————
Mrs. Mahalaxmi Ganpathy, Addl. PP for the Applicant / Appellant
                                  ——————
                                   Coram : Sharmila U. Deshmukh &
                                           Neeraj P. Dhote, JJ.
                                    Date      : September 28, 2026.
P. C. :

[I]       ORDER IN CRI-INTERIM APPLICATION NO. 2964 OF 2025 :

1.        This is an Application for condonation of delay of 21 days in filing

the Application for leave to Appeal by the State.

2.        The Respondent No.1, who is the acquitted accused, is duly

served; however, none appears for Respondent No.1.

3.        After hearing the learned Addl. PP and for the reasons mentioned

in the Application, the Application is allowed in terms of Prayer Clause –

(b). The Application stands disposed of accordingly.


Sameer                               1 of 2
                                                          16-ALS(ST)-15532-2025.doc



[II]     ORDER IN APPLN FOR LEAVE TO APPEAL(STATE) (STAMP) NO.

15532 OF 2025 :

1.       List the Application for leave to appeal on 25th November, 2026.




 [Neeraj P. Dhote, J.]                       [Sharmila U. Deshmukh, J.]




Sameer                             2 of 2

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