Bombay High Court
Kalinda Swaminath DhananeversusState of Maharashtra Through Rabale MIDC Police Station
- Decided
- Disposal
- Disposed Off
Holding
The court condoned the delay in filing the appeal but declined to entertain the psychiatric evaluation application at this stage.
Summary
Kalinda Swaminath Dhanane (appellant) was convicted by the Additional Sessions Judge, Belapur, for murder under Section 302 IPC and sentenced to life imprisonment. She filed an appeal 536 days after the judgment, seeking condonation of the delay. The court examined Interim Application No.2965 and, finding the delay bona fide, allowed the condonation. A second interim application (No.2966) sought a psychiatric evaluation, but the court noted that no insanity plea was raised during trial and directed the State counsel to verify the record, listing the application for later hearing. The court also admitted the appeal and waived service of notice on behalf of the State.
Issues considered
- Whether the 536‑day delay in filing the appeal can be condoned.
- Whether the court should entertain a request for psychiatric evaluation at the appellate stage when no mental illness plea was raised during trial.
Legislation cited
- Indian Penal Code, 1860 — s. 302
Subjects
- criminal appeal
- condonation of delay
- Section 302 IPC
- mental illness plea
- interim application
Judgment
1/2 3 APEALST-16386-26.odt
Salgaonkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MANDIRA MILIND Digitally signed by MANDIRA
MILIND SALGAONKAR
SALGAONKAR Date: 2026.08.29 18:06:08 +0530
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL (ST) NO.16386 OF 2026
WITH
INTERIM APPLICATION NO.2965 OF 2026
WITH
INTERIM APPLICATION NO.2966 OF 2026
Kalinda Swaminath Dhanane .. Appellant
Versus
State of Maharashtra through Rabale .. Respondent
MIDC Police Station
…
Mr.Rajesh Dharap for the Appellant/Applicant.
Mr.Tanveer Khan, A.P.P. for the State/Respondent.
CORAM: BHARATI DANGRE &
ASHISH S. CHAVAN, JJ.
DATE : 29th AUGUST, 2026
...
P.C:-
INTERIM APPLICATION NO.2965 OF 2026
1. The Application seeks condonation of delay of 536 days
in filing an Appeal against the Judgment and Order dated
23/12/2024 passed by the Additional Sessions Judge, Belapur,
Navi Mumbai in Sessions Case No.196 of 2023, thereby
convicting the Appellant for the offence punishable under
Section 302 of IPC and sentencing her to suffer R.I. for life and
a default sentence, in case of failure to pay the fine.
2. Heard the learned counsel for the Applicant, who is
representing her on being appointed through Legal Aid.
2/2 3 APEALST-16386-26.odt
On perusal of the Application, we find that the delay is
bona fide and, hence, we condone the same.
3. Interim Application is made absolute in the aforestated
terms.
CRIMINAL APPEAL (ST) NO.16386 OF 2026
4. Admit.
5. Learned A.P.P. Mr.Khan waives service of notice on
behalf of the State.
6. Call for the Record and Proceedings.
INTERIM APPLICATION NO.2966 OF 2026
7. Interim Application No.2966 of 2026 seeks direction to
the Jail Authorities to get the Applicant examined by the
Government Psychiatric/Psychiatric Medical Board to
consider her present mental condition and medical history
and offer their opinion.
We feel it strange to entertain such an Application at this
stage, as we have noted that during the course of the trial, no
such plea of insanity or mental disability was ever projected
before the trial Judge.
Let the learned A.P.P. Mr.Khan ascertain the record of
the Applicant both, at the time when she was subjected to trial
and while she remains incarcerated in Yerwada Central
Prison.
8. List the Interim Application on 21/09/2026.
(ASHISH S. CHAVAN, J.) (BHARATI DANGRE, J.)
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