Bombay High Court
VIJAY BABURAO WAGHMALE AND OTHERSversusTHE STATE OF MAHARASHTRA
- Disposal
- Allowed
Holding
The court condoned the 25‑day delay and ordered the appeal to be registered.
Summary
The appellants filed an interim application seeking condonation of a 25‑day delay in filing a criminal appeal against a conviction order dated 23 March 2026. The learned counsel for the appellants argued that the delay was justified, while the respondent's counsel waived service of notice. The court examined the submissions and found the reasons for delay satisfactory. Consequently, the court condoned the delay and directed the registry to register the appeal. The interim application was therefore allowed.
Issues considered
- Whether a delay of 25 days in filing a criminal appeal can be condoned under the procedural law.
Subjects
- condonation of delay
- criminal appeal
- interim application
- procedural law
- High Court
Judgment
11- APEAL(ST)-2103-2026 (CR).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRI-INTERIM APPLICATION NO. 356 OF 2026
IN
CR. APPEAL (STAMP) NO. 2103 OF 2026
Vijay Baburao Waghmale And Others … Applicants/Appellants
Versus
The State of Maharashtra … Respondent
——————
Mr. Abhijeet Kadam (Through V.C.) for the Applicants/Appellants.
Dr. A.A. Takalkar, A.P.P. for the Respondent-State.
Officer : PC/62 A.S. More, Satara Taluka Police Station, present.
——————
Coram : ASHWIN D. BHOBE, J.
Date : 19th August 2026.
PER COURT :
1. Heard Mr. Abhijeet Kadam, learned Advocate for the Applicants.
2. Mr. Abhijeet Kadam submits that the request in the present Application
is for condonation of delay of 25 days in filing the Criminal Appeal against
the order of conviction dated 23rd March 2026 passed in Sessions Case No. 95
of 2022.
3. Issue notice to the Respondents.
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11- APEAL(ST)-2103-2026 (CR).docx
4. Dr. Takalkar, learned A.P.P. appears and waives service of notice on
behalf of the Respondents-state. She leaves the matter to the Court.
5. In view of the averments made in the Application and the submissions
made by Mr. Abhijeet Kadam, learned Advocate for the Applicants, the delay
of 25 days in filing the Criminal Appeal is condoned. Registry to register the
Appeal.
6. Interim Application No. 356 of 2026 is allowed in aforesaid terms.
[ ASHWIN D. BHOBE, J. ]
Digitally signed
by OMKAR
OMKAR SHIVAHAR
SHIVAHAR KUMBHAKARN
KUMBHAKARN Date:
2026.08.21
14:57:55 +0530
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