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Bombay High Court

UMESH RAMCHANDRA GAIKWADversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The Court condoned the delay in filing the appeal as it was bona fide and beyond the appellant's control.

Summary

Umesh Ramchandra Gaikwad, convicted under Section 302 IPC and sentenced to life imprisonment, filed an interim application seeking condonation of a 1,090‑day delay in filing his appeal. The delay was attributed to his incarceration from 15 October 2022, which allegedly impeded his ability to obtain legal assistance promptly after the judgment on 19 June 2023. The Court examined the justification and found the delay to be bona fide and beyond the appellant's control. Consequently, the Court held that the delay could be condoned. The interim application was made absolute, allowing the appeal to proceed.

Issues considered

  • Whether the 1,090‑day delay in filing the appeal can be condoned given the appellant's incarceration.

Legislation cited

Subjects

  • criminal appeal
  • condonation of delay
  • Section 302 IPC
  • life imprisonment
  • procedural law

Judgment

                                                                                 1/2                  4 APEALST-16599-26.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.16599 OF 2026
                                                                                   WITH
                                                                INTERIM APPLICATION NO.2983 OF 2026

                                                   Umesh Ramchandra Gaikwad                     ..   Appellant
                                                                      Versus
                                                   The State of Maharashtra                     ..   Respondent

                                                                                       …

                                                   Ms.Palak Dubey for the Appellant/Applicant.
                                                   Smt.Sangeeta Shinde, A.G.P. for the State/Respondent.

                                                                       CORAM: BHARATI DANGRE &
                                                                              ASHISH S. CHAVAN, JJ.
                                                                       DATE : 29th AUGUST, 2026
                                                                                       ...

                                                   P.C:-

                                                                INTERIM APPLICATION NO.2983 OF 2026

                                                   1.       The Application seeks condonation of delay of 1090 days
                                                   in filing of the Appeal, being aggrieved by the Judgment of the
                                                   Additional Sessions Judge delivered in Sessions Case No.92 of
                                                   2012, thereby convicting him for an offence punishable under
                                                   Section      302   of   IPC   and    sentencing   him     to   undergo
                                                   imprisonment for life.


                                                   2.       Heard the counsel for the Applicant and perused the
                                                   Application. The justification offered for condoning the delay
                                                   is the factum of incarceration of the Applicant at the time
                           2/2                4 APEALST-16599-26.odt

when the Judgment was pronounced and this created certain
obstructions in his way of securing the legal assistance and,
therefore, it is prayed that the delay be condoned, as the same
is neither deliberate nor intentional and has occurred on
account of circumstances, which were beyond his control.


3.   We have perused the Application to find that the
Applicant was incarcerated since 15/10/2022, when the NBW
was issued and at the time of pronouncement of the Judgment
on 19/06/2023, he was in jail. Being in jail itself created an
inhibition on his part to seek immediate legal assistance, so
that the Appeal could be filed within time.
     Finding that delay is bona fide and was beyond the
control of the Applicant, we deem it appropriate to condone
the same.
     Interim Application is made absolute in the aforestated
terms.

         CRIMINAL APPEAL (ST) NO.16599 OF 2026
4.   Admit.
5.   The learned A.P.P. waives notice on behalf of the State.
6.   Call for Record & Proceedings.



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

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