Bombay High Court

ASLAM MOHAMMED TAJ ANSARIversusSTATE OF MAHARASHTRA AND ANR

Decided: 20 August 2026
Disposal: Disposed Off

Holding

The court condoned the delay in preferring the appeal.

Summary

The appellant, Aslam Mohammed Taj Ansari, filed a criminal appeal (ST) while in custody, but the appeal was delayed. The appellant sought condonation of the delay, citing that legal aid was provided by the Legal Services Authority. The respondent State of Maharashtra, through its counsel, waived notice for one respondent and served notice on the other, who did not appear. The court examined the reasons for the delay and, considering the appellant's custodial status and the assistance of legal aid, found the delay justifiable. Consequently, the court allowed the interim application and condoned the delay in preferring the appeal.

Issues considered

Whether the delay in preferring a criminal appeal (ST) can be condoned on the ground of custodial status and legal aid.

Subjects

criminal appeal
statutory appeal
delay condonation
legal aid
interim application

Judgment

                                                                 23 APEAL(ST)-19935-25.DOC

                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CRIMINAL APPELLATE JURISDICTION

                                    CRIMINAL APPEAL (ST) NO. 19935 OF 2025


                      Aslam Mohammed Taj Ansari                              ..Appellant

                              Versus

                      State of Maharashtra & anr.                        …Respondents

                                                   WITH
                                    INTERIM APPLICATION NO. 3673 OF 2025

                      Mr. Manan Talati, i/b Mr. Nikhilesh Pote, for the Appellant.

                      Smt. R S Tendulkar, APP for Respondent – State.


                                                 CORAM :       N. J. JAMADAR, J.
                                                 DATE     :    20th August 2026
SAINATH
SANJAY
BODKHE                P.C.:
Digitally signed by
SAINATH SANJAY
BODKHE
Date: 2026.08.24
21:02:58 +0530                                APPEAL (ST)/19935/2025

                      1.      Heard.

                      2.      Admit.

                      3.      Issue notice to the respondents.

                      4.      Smt. Tendulkar, the learned APP, waives notice for the

                      Respondent No.1.

                      5.      The Respondent No.2 be served through the Senior P. I.,

                      Kalwa Police Station, Thane.

                      6.      Call R & P.



                      SAINATH, PA                        1/2
                                        23 APEAL(ST)-19935-25.DOC

                             IA/3673/2025

7.     The notice of the application has been duly served on the

Respondent No.2.

8.     None appears for the Respondent No.2.

9.     The applicant is in custody. Thus, for the reasons assigned

in the application and to advance the cause of substantive

justice, the delay in preferring the appeal deserves to be

condoned, as the appeal has been preferred by the appellant

upon the legal aid having been provided by the Legal Services

Authority.

10.    The Interim Application stands allowed in terms of prayer

clause (a).

11.    The delay in preferring the appeal stands condoned.




                                        [N. J. JAMADAR, J.]




SAINATH, PA                       2/2

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