Bombay High Court

THE STATE OF MAHARASHTRAversusMAHESH ALIAS VIJAY KALLAPA SAWANT AND ANR

Disposal: Disposed Off

Holding

The Court held that the delay was condonable and allowed the application for condonation of delay.

Summary

The State of Maharashtra filed an application seeking condonation of a 73‑day delay in filing its leave‑to‑appeal petition. The respondents, Mahesh alias Vijay Kallapa Sawant and another, were served but did not appear before the court. The State, through Addl. Public Prosecutor Mrs. Mahalaxmi Ganpathy, argued that the delay was justified and sought relief. The Court examined the reasons offered in the application and, applying the principles of condonation of delay under criminal procedure law, allowed the application. Consequently, the condonation was granted and the leave‑to‑appeal petition was listed for hearing on 25 November 2026.

Issues considered

Whether a delay of 73 days in filing a leave‑to‑appeal application can be condoned under the Criminal Procedure Code

Subjects

condonation of delay
leave to appeal
Criminal Procedure Code
non‑appearance
application order

Judgment

                                                             17-ALS(ST)-15764-2025.doc



               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CIRCUIT BENCH AT KOLHAPUR
                       CRIMINAL APPELLATE JURISDICTION
 APPLN FOR LEAVE TO APPEAL(STATE) (STAMP) NO. 15764 OF 2025

The State Of Maharashtra                               ...Appellant
          Versus
Mahesh Alias Vijay Kallapa Sawant And Another          ...Respondents
                          WITH
         CRI-INTERIM APPLICATION NO. 2965 OF 2025
                            IN
 APPLN FOR LEAVE TO APPEAL(STATE) (STAMP) NO. 15764 OF 2025

The State of Maharashtra                               ...Applicant
          Versus
Mahesh Alias Vijay Kallapa Sawant 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. 2965 OF 2025 :

1.        This is an Application for condonation of delay of 73 days in filing

the Application for leave to Appeal by the State.

2.        Though the Respondents are served, none appears for them.

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
                                                          17-ALS(ST)-15764-2025.doc



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

15764 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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