VIKRAM BABASO SUTARversusTHE STATE OF MAHARASHTRA AND OTHERS

                                                               70.IA-310-2026.doc



             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIRCUIT BENCH AT KOLHAPUR
                    CRIMINAL APPELLATE JURISDICTION
                  INTERIM APPLICATION NO. 310 OF 2026
                                  IN
                 CRIMINAL APPEAL (ST) NO. 1714 OF 2026
Vikram Babaso Sutar                                          ...Applicant
        Versus
The State of Maharashtra And Others                          ...Respondents
_______________________________________________________________
Mr. Amit Waykool, Advocate for the Applicant.
Mr. S. H. Yadav, APP for the Respondent Nos. 1 and 2.
Ms. Sampada Patil, Advocate for the Respondent No. 3 (Appointed
through legal aid)
_______________________________________________________________
                            CORAM : ASHWIN D. BHOBE, J.
                             DATE : 23rd September, 2026.
P.C. :


1.      This proceeding is recorded in accordance with the decision of

this Court in Hema Suresh Ahuja & Ors v. State of Maharashtra & Anr 1

as the subject matter pertains to an offence under the SC/ST Act.



2.      This Application is listed at Serial No. 70 of the “Daily Causelist”.

At 10:30 am, Mr. Amit Waykool, learned Advocate for the Applicant

requested for taking up this Application out of turn, as he has

instructions from the Applicant to withdraw this Interim Application

and the accompanying Appeal. At his request and with consent of Mr. S.

1    (2024) SCC OnLine Bom 784


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                                                             70.IA-310-2026.doc



H. Yadav, learned APP and Ms. Sampada Patil, learned Advocate for the

Respondent No. 3, this Application was taken up out of turn.



3.      By the present Application, the Applicant is seeking condonation

of delay of 299 days in filing the Criminal Appeal against the Judgment

and Order dated 29.03.2025, passed by the Special Judge, Kolhapur at

Exhibit – 12, in Special Case No. 307 of 2023.



4.      Mr. Amit Waykool, learned Advocate for the Applicant states that

the delay of 299 days occasioned on account of the Applicant being in

jail and not availing his remedies in time due to his incarceration.



5.      The statement made by Mr. Amit Waykool, learned Advocate for

the Applicant, of the Applicant being in jail even as on date, is not

contested by Mr. S. H. Yadav, learned APP for the Respondent – State

and Ms. Sampada Patil, learned Advocate for the Respondent No. 3.



6.      In view of the statements made by Mr. Amit Waykool, learned

Advocate for the Applicant and the averments made in this Application,

this Application is allowed. Consequently, the delay of 299 days in filing

Criminal Appeal against Judgment and Order dated 29.03.2025 is

condoned.




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                     7.      Registry is directed to register Criminal Appeal (ST) No. 1714 of

                     2026.



                     8.      The High Court Legal Services Committee, Mumbai, Circuit Bench

                     at Kolhapur, shall quantify and pay the legal fees payable under the

                     Legal Aid Scheme to Advocate Ms. Sampada Patil, who has appeared

                     and represented the Respondent No. 3 in this Application.



                     9.      Interim Application No. 310 of 2026 is disposed of.



                                                                    (ASHWIN D. BHOBE, J.)




        Digitally
        signed by
        ARJUN
ARJUN   KRISHNA
KRISHNA RODGE
RODGE   Date:
        2026.09.24
        19:53:43
        +0530




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