Bombay High Court

THE STATE OF MAHARASHTRAversusAYSIN ANTON D SOUZA

Disposal: Disposed Off

Holding

The Court condoned the 60‑day delay and ordered the leave‑to‑appeal application to be listed for hearing.

Summary

The State of Maharashtra filed an application seeking condonation of a 60‑day delay in filing its leave‑to‑appeal petition. The respondent, Aysin Anton D Souza, was duly served but did not appear. The learned Additional Public Prosecutor, Mrs. Mahalaxmi Ganapathy, argued for condonation. The Court, after hearing, allowed the condonation application and disposed of it. Subsequently, the Court listed the leave‑to‑appeal application for hearing on 25 November 2026.

Issues considered

Whether a delay of 60 days in filing a leave‑to‑appeal application can be condoned under criminal procedure law

Subjects

condonation of delay
leave to appeal
interim application
criminal procedure
high court

Judgment

                                                                 23-IA-3703-2025.doc



               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CIRCUIT BENCH AT KOLHAPUR
                       CRIMINAL APPELLATE JURISDICTION
                   CRI-INTERIM APPLICATION NO. 3703 OF 2025
         IN APPLN FOR LEAVE TO APPEAL(STATE) (STAMP) NO. 16566 OF 2025
The State Of Maharashtra                               ...Applicant
          Versus
Aysin Anton D Souza                                    ...Respondent
                                  ——————
Mrs. Mahalaxmi Ganapathy, Addl. PP for the Applicant - State
                                  ——————
                                   Coram : Sharmila U. Deshmukh &
                                           Neeraj P. Dhote, JJ.
                                    Date      : September 28, 2026.
P. C. :

[I]       ORDER IN CRI-INTERIM APPLICATION NO. 3703 OF 2025 :

1.        This is an Application for condonation of delay of 60 days in filing

the Application for leave to Appeal by the State.

2.        Though the Respondent is duly served, none appears for the

Respondent.

3.        After hearing the learned Addl. PP and for the reasons mentioned

in the Application, the Application is allowed in terms of Prayer Clause –

(b). The Application stands disposed of accordingly.

[II]      ORDER IN APPLN FOR LEAVE TO APPEAL(STATE) (STAMP) NO.

16566 OF 2025 :

1.        List the Application for leave to appeal on 25th November, 2026.


 [Neeraj P. Dhote, J.]                          [Sharmila U. Deshmukh, J.]


Sameer                               1 of 1

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