Bombay High Court

THE STATE OF MAHARASHTRAversusMARUTI DILIP KACHARE AND ORS

Disposal: Disposed Off

Holding

The court held that the 73‑day delay may be condoned and the leave‑to‑appeal application can be listed with the pending criminal appeal.

Summary

The State of Maharashtra filed an application seeking condonation of a 73‑day delay in filing its leave‑to‑appeal petition. The court observed that notices had been issued to the respondents, who did not appear before the bench. Counsel for the State, S. H. Yadav, argued that the delay should be condoned. After hearing the arguments, the bench allowed the condonation application and disposed of it. The court also noted that Criminal Appeal No. 1091/2024 filed by the original complainant had been admitted on 24‑January‑2025 and ordered that the present leave‑to‑appeal application be listed together with that appeal on 19‑October‑2026.

Issues considered

Whether a delay of 73 days in filing a leave‑to‑appeal application can be condoned under the Criminal Procedure Code.
Whether the leave‑to‑appeal application may be listed together with an already admitted criminal appeal.

Subjects

condonation of delay
criminal appeal
leave to appeal
procedural law
Criminal Procedure Code

Judgment

                                                              11-ALS(ST)-1768-2025.doc



               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CIRCUIT BENCH AT KOLHAPUR
                       CRIMINAL APPELLATE JURISDICTION

 APPLN FOR LEAVE TO APPEAL(STATE) (STAMP) NO. 1768 OF 2025

The State Of Maharashtra                                ...Appellant
          Versus
Maruti Dilip Kachare And Others                         ...Respondents
                          WITH
         CRI-INTERIM APPLICATION NO. 464 OF 2025
                           IN
 APPLN FOR LEAVE TO APPEAL(STATE) (STAMP) NO. 1768 OF 2025

The State Of Maharashtra                                ...Applicant
          Versus
Maruti Dilip Kachare And Others                         ...Respondents
                                  ——————
Mr. S. H. Yadav, APP for the Appellant - State
                                  ——————
                                   Coram : Sharmila U. Deshmukh &
                                           Neeraj P. Dhote, JJ.
                                    Date      : September 28, 2026.
P. C. :

[I]       ORDER IN CRI-INTERIM APPLICATION NO. 464 OF 2025 :

1.        This is an Application for condonation of 73 days delay in filing the

Application for leave to appeal by the State.

2.        This Court had issued notices to the Respondents by order dated

09.07.2026.

3.        The office remark shows that, Respondent Nos.1 to 3 are duly

served, but none appears for Respondent Nos.1 to 3.


Sameer                               1 of 2
                                                         11-ALS(ST)-1768-2025.doc



4.       After hearing the learned APP 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.

1768 OF 2025:

1.       The office note shows that, Criminal Appeal No.1091/2024 filed

by the Original Informant / Complainant / Victim has been admitted by

this Court on 24.01.2025.

2.       Hence, this Application be listed along with the said Appeal on

19th October, 2026.




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




Sameer                            2 of 2

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