Bombay High Court

MUKANDAR DILAWAR SHAIKHversusTHE STATE OF MAHARASHTRA

Disposal: Allowed

Holding

The court condoned the 90‑day delay in filing the criminal appeal.

Summary

Mukandar Dilawar Shaikh, convicted in a criminal case, filed an interim application seeking condonation of a 90‑day delay in filing his appeal. The State of Maharashtra, through its counsel, did not oppose the delay. The court considered the applicant’s request and the State’s no‑objection, and, applying the relevant provisions of the Criminal Procedure Code, allowed the condonation of the delay. Consequently, the interim application was granted and the appeal was ordered to be registered. The decision enables the appellant to proceed with the substantive criminal appeal despite the procedural lapse.

Issues considered

Whether a delay of 90 days in filing a criminal appeal can be condoned under the Criminal Procedure Code
Whether the State’s no‑objection suffices to justify condonation of the delay

Subjects

condonation of delay
criminal appeal
Criminal Procedure Code
appeal registration
procedural law

Judgment

                                                                   49 - CR APPEAL(ST) - 3445 - 2026.doc


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIRCUIT BENCH AT KOLHAPUR
VAIBHAV
                                       CRIMINAL APPELLATE JURISDICTION
RAMESH
JADHAV
Digitally signed by
VAIBHAV RAMESH
JADHAV
Date: 2026.09.21
10:34:35 +0530                   CRIMINAL INTERIM APPLICATION NO. 562 OF 2026
                                                      IN
                                   CRIMINAL APPEAL (STAMP) NO. 3445 OF 2026

                      Mukandar Dilawar Shaikh                        … Applicant
                                   Versus.
                      The State of Maharashtra                       … Respondent

                                                    WITH
                                   CRIMINAL APPEAL (STAMP) NO. 3445 OF 2026
                                                    WITH
                                 CRIMINAL INTERIM APPLICATION NO. 563 OF 2026
                                                      IN
                                   CRIMINAL APPEAL (STAMP) NO. 3445 OF 2026

                                                      -------
                      Ms. Snehal Gurav for the Applicant.
                      Mr. C. D. Mali, APP for the State.

                                                     -------
                                                    CORAM       : ASHWIN D. BHOBE, J.

                                                    DATED       : SEPTEMBER 17, 2026
                      P.C.:


                      CRIMINAL INTERIM APPLICATION NO. 562 OF 2026


                      1.      Heard Ms. Snehal Gurav, learned Advocate for the Applicant.


                      2.      By the present Application, the Applicant seeks condonation of

                      delay of 90 days in filing the Appeal.


                      3.      Mr. C. D. Mali, learned APP for the State, submits that as the




                      VRJ                                                                            1
                                               49 - CR APPEAL(ST) - 3445 - 2026.doc


Applicant has been convicted, he does not oppose the delay in filing the

Criminal Appeal.


4.    For the statements made in this Application and the no-objection

given by Mr. C. D. Mali, learned APP for the State, the delay of 90 days

in filing the Criminal Appeal is condoned.


5.    Criminal Interim Application No. 562 of 2026 is allowed and

disposed of.


6.    Registry is directed to register the Appeal.




                                             (ASHWIN D. BHOBE, J.)




VRJ                                                                              2

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