Bombay High Court
DASHRATH BABAN BANKARversusSTATE OF MAHARASHTRA AND ANR.
- Disposal
- Allowed
Holding
The six‑day delay in filing the appeal is condoned.
Summary
The applicant, Dashrath Baban Bankar, convicted to 20 years of rigorous imprisonment and already serving eight years, filed an interim application seeking condonation of a six‑day delay in filing his criminal appeal. The court considered the applicant’s circumstances, noting that he would not benefit from further delay. It accepted the reasons provided and decided that the six‑day delay could be condoned. Consequently, the interim application was allowed, and the appeal was ordered to be registered. The interim application was thereafter disposed.
Issues considered
- Whether a delay of six days in filing a criminal appeal can be condoned under the provisions of the Criminal Procedure Code.
Subjects
- condonation of delay
- criminal appeal
- rigorous imprisonment
- interim application
- Criminal Procedure Code
Judgment
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19-IA-579-2026 (CR).DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRI-INTERIM APPLICATION NO. 579 OF 2026
IN
CR. APPEALST NO. 3537 OF 2026
Dashrath Baban Bankar …...Applicant
VERSUS
State Of Maharashtra And Anr. …...Respondents
_________________________________________________________________
Ms. Shamma Mulla, for Applicant.
Mr. C. D. Mali, APP, for Respondent No.1 - State.
_________________________________________________________________
Digitally
SHANTANU
signed by
SHANTANU
SHANKARSA
CORAM : ASHWIN D. BHOBE, J.
SHANKARSA DHUDUM
DHUDUM Date:
2026.09.24
18:40:14
DATE : 24th SEPTEMBER, 2026.
+0530
P.C.
1. Heard Ms. Shamma Mulla, learned Advocate for the Applicant
and Mr. C. D. Mali, learned A.P.P. for Respondent No.1 – State.
2. By this Application, the Applicant is seeking condonation of
delay of six (6) days in filing the Criminal Appeal. Considering that the
Applicant has been convicted and sentenced to undergo Rigorous
Imprisonment for a period of 20 years and that the Applicant has been in
jail for a period of eight years and one month, the reasons given in the
Application are accepted. At any rate, the Applicant, who is convicted and
sentenced to undergo imprisonment, would not have gained by delaying
Shantanu S. Dhudum
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19-IA-579-2026 (CR).DOC
the filing of the Appeal. In such circumstances, the delay of six days in
filing the Appeal is condoned.
3. In view of the above, Interim Application is allowed in terms of
prayer clause (a).
4. The Registry is directed to register the Appeal, accompanying
Criminal Appeal (Stamp) No.3537 of 2026.
5. Interim Application No.579 of 2026 is disposed of.
( ASHWIN D. BHOBE, J.)
Shantanu S. Dhudum
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