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Bombay High Court

THE STATE OF MAHARASHTRAversusHANMANT MAHADEO SONWALKAR AND ANR.

Disposal
Allowed

Holding

The Court granted condonation of the 107‑day delay and allowed the application.

Summary

The State of Maharashtra filed an application seeking condonation of a 107‑day delay in filing its appeal (Application for Leave to Appeal). The High Court had previously issued notice to the respondents, who were duly served but failed to appear. The State argued that the delay was justified and prayed for condonation. The Court, after hearing the applicant’s counsel, considered the reasons provided for the delay. It allowed the application, granting condonation of the delay, and disposed of the interim application.

Issues considered

  • Whether the 107‑day delay in filing the appeal by the State can be condoned under the provisions of criminal procedure law.

Subjects

  • criminal procedure
  • condonation of delay
  • appeal
  • interim application
  • notice service

Judgment

                                                                                               15-IA-3780-2024.doc



          Digitally signed

HARISH
          by HARISH
          VITHAL
                                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
VITHAL    CHAUDHARI
CHAUDHARI Date:
          2026.10.06
                                                     CIRCUIT BENCH AT KOLHAPUR
          18:46:34 +0530
                                                    CRIMINAL APPELLATE JURISDICTION

                                      CRI-INTERIM APPLICATION NO. 3780 OF 2024
                                                         IN
                              APPLN FOR LEAVE TO APPEAL(STATE) (STAMP) NO. 18930 OF 2024

                             The State Of Maharashtra                                ...Applicant
                                       Versus
                             Hanmant Mahadeo Sonwalkar And Another                   ...Respondents

                                                              ——————
                             Smt. S. N. Deshmukh, APP for the Applicant-State.
                             None for the Respondents.
                                                              ——————
                                                                 Coram :     Sharmila U. Deshmukh &
                                                                             Neeraj P. Dhote, JJ.
                                                                 Date      : October 06, 2026.
                             P. C. :

                             1.        This is an Application for condonation of 107 days' delay in

                             preferring the Application for leave to Appeal by the State.

                             2.        This Court had issued notice to the Respondents vide order dated

                             15th October, 2025. The oice note shows that Respondent Nos. 1 and 2

                             are duly served. However, none appears for Respondent Nos. 1 and 2.

                             3.        After hearing the learned APP and for the reasons mentioned in

                             the Application, the Application is allowed in terms of prayer clause [a].

                             4.        The Application is disposed of.


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


                             Harish                               1 of 1


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