Bombay High Court

KALIM RAUF SAYYEDversusSTATE OF MAHARASHTRA

Decided: 17 July 2026
Disposal: Allowed
Bench: A S GADKARI KAMAL KHATA

Holding

The Court held that the delay is condoned as sufficient cause was demonstrated.

Summary

The applicant, Kalim Rauf Sayyed, sought condonation of a 264‑day delay in filing an appeal under Section 12 of the Maharashtra Control of Organized Crime Act, 1999, against a Special Judge's order dated 4 April 2024. The respondent, the State of Maharashtra, opposed the condonation, arguing that no sufficient cause was shown. The applicant's counsel contended that the applicant, although released on bail for the present charge, remained in custody for a separate offence, which prevented timely filing of the appeal and that the delay was neither intentional nor deliberate. The Court examined the explanation and found it to constitute sufficient cause for condonation. Consequently, the Court allowed the application and condoned the delay, permitting the appeal to proceed.

Issues considered

Whether the 264‑day delay in filing an appeal under Section 12 of the Maharashtra Control of Organized Crime Act, 1999, can be condoned.

Legislation cited

Maharashtra Control of Organized Crime Act, 1999 — s. 12

Subjects

condonation of delay
criminal appeal
Section 12
Maharashtra Control of Organized Crime Act
bail
appeal filing

Judgment

KSG                                                        9-IA-438-2025.B.doc



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                      CRIMINAL APPELLATE JURISDICTION

                     INTERIM APPLICATION NO.438 OF 2025
                                     IN
                    CRIMINAL APPEAL (ST) NO.2113 OF 2025

Kalim Rauf Sayyed                                         … Applicant
         V/s.
State of Maharashtra                                      … Respondent
                   _______________________________________

Mr. Gaurav Bhawani for the Appellant/Applicant.
Mr. Ashish I. Satpute, A.P.P. for Respondent-State.
Mr. Vinod Gaonkar, A.C.P. attached to Santacruz Division.
                 _______________________________________

                            CORAM : A. S. GADKARI AND
                                    KAMAL KHATA, JJ.
                            DATE  : 17th JULY, 2026

P.C. :

1)              This is an Application for condonation of delay of 264 days in

preferring an Appeal under Section 12 of the Maharashtra Control of

Organized Crime Act, 1999, against the Order dated 4 th April, 2024, passed

by the learned Special Judge, Mumbai in Special Case No.981 of 2022.

2)              Learned A.P.P. opposed the Application and submitted that,

sufficient cause of condonation of delay is not made out by the Applicant.

3)              Mr. Bhawani, learned Advocate for the Applicant submitted that,

as a matter of fact though the Applicant was released on bail in this crime, he

continued to be in custody in another crime and it is precisely the reason for

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KSG                                                       9-IA-438-2025.B.doc



which he could not file the Appeal immediately. He submitted that, the delay

caused in filing the present Appeal is neither intentional nor deliberate and

therefore, it may be condoned.

4)          Perusal of Application indicates that, sufficient cause is made out

for condonation of delay.

5)          In view thereof, delay is condoned and Application is allowed in

terms of prayer clause (a).




            ( KAMAL KHATA, J. )                    ( A.S. GADKARI, J. )




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