Bombay High Court
ASAD JAMSHED ALI KHANversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
The court held that the delay of 98 days may be condoned as the applicant demonstrated sufficient cause.
Summary
The applicant, Asad Jamshed Ali Khan, filed an interim application seeking condonation of a 98‑day delay in filing an appeal against an order dated 11 May 2026 passed by a Special Judge under the Maharashtra Control of Organised Crime (MCOC) Act. The appeal pertained to Special Case No. 7 of 2013 in the City Civil and Sessions Court, Mumbai. The court examined whether the applicant had shown sufficient cause for the delay. The application detailed reasons that satisfied the court that the delay was justified. Accordingly, the bench of Justices A.S. Gadkari and Kamal Khata allowed the application, granting condonation of the delay. The order thereby permits the appellant to proceed with the pending criminal appeal.
Issues considered
- Whether a delay of 98 days in preferring an appeal under the MCOC Act can be condoned.
Legislation cited
Subjects
- condonation of delay
- criminal appeal
- MCOC Act
- procedural law
- special judge
Judgment
DTG 25-ii-Ia-3334-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 3334 OF 2026
IN
CRIMINAL APPEAL (ST.) NO. 19065 OF 2026
Asad Jamshed Ali Khan … Applicant
V/s.
The State of Maharashtra … Respondent
_______________________________________
Ms. Payoshi Roy a/w Ms. Sanskruti Hebalkar i/b Mr. Ulkesh Gangurde and
Adv. Palak Dubey for Applicant.
Mr. Shrikant V. Gavand, A.P.P. for Respondent-State.
_______________________________________
CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 28th September 2026
P.C. :
1) This is an Application for condonation of delay of 98 days in
preferring an Appeal against the Order dated 11 th May 2026, passed below
Exh. 926, in MCOC Special Case No. 7 of 2013, by the learned Special Judge
under MCOC Act, City Civil and Sessions Court, Mumbai.
1.1) Perusal of Application indicates that, sufficient cause is made out
for condonation of delay.
2) In view thereof and for the reasons stated in the Application, it is
allowed in terms of prayer clause (a).
( KAMAL KHATA, J. ) ( A.S. GADKARI, J. )
Digitally signed by
DNYANESHWAR
DNYANESHWAR TULSHIRAM
TULSHIRAM
GHUMNAR
GHUMNAR
Date: 2026.10.06
1/1
15:51:16 +0530
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