Bombay High Court

RAOSAHEB ALIAS DEEPAK BAPU CHOUGULEversusTHE STATE OF MAHARASHTRA

Disposal: Disposed Off

Holding

The court held that delay of over six years in filing an appeal can be condoned if sufficient cause is demonstrated, and therefore allowed the condonation application.

Summary

The appellant, Raosaheb alias Deepak Bapu Chougule, filed a criminal appeal against his conviction under the Stamp Act, seeking condonation of a delay of 6 years, 9 months and 24 days in filing the appeal. The court heard the appellant’s counsel, who argued that the appellant had been incarcerated for over nine years and provided reasons for the delay. The court allowed the condonation application, admitting the appeal and waiving service of notice on the State’s part. It also ordered the trial court records to be produced and entertained a separate application for suspension of the sentence, issuing notice to the State. The appeal was admitted, but no substantive merits of the conviction were decided at this stage.

Issues considered

Whether the court can condone a delay of more than six years in filing an appeal against conviction.
Whether the appellant is entitled to suspension of sentence pending the appeal.

Subjects

criminal appeal
condonation of delay
suspension of sentence
stamp law
procedural law

Judgment

                                                           12-APEAL(ST)-3574-2026.doc



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

                   CR. APPEAL (STAMP) NO. 3574 OF 2026
                                  WITH
                CRI-INTERIM APPLICATION NO. 592 OF 2026
                 IN CR. APPEAL (STAMP) NO. 3574 OF 2026
                                  WITH
                CRI-INTERIM APPLICATION NO. 591 OF 2026
                  IN CR. APPEAL (STAMP) NO. 3574 OF 2026

Raosaheb Alias Deepak Bapu Chougule                    ...Appellant
          Versus
The State Of Maharashtra                               ...Respondent

                                ——————
Mr. Parvej N. Nadaf a/w Mr. Suhas Kavathekar, Advocate for the Applicant.
Mrs. Mahalaxmi Ganpathy, Addl. PP for the Respondent - State
                                ——————
                                  Coram :     Sharmila U. Deshmukh &
                                              Neeraj P. Dhote, JJ.
                                  Date      : October 01, 2026.
P. C. :

[I]       ORDER IN CRI-INTERIM APPLICATION NO. 591 OF 2026 :

1.        This is an Application for condonation of delay of 6 years, 9

months and 24 days in preferring the Appeal against conviction.

2.        The learned Counsel for the Applicant / Appellant submits that,

the Applicant is behind bars since nine (09) years and seven (07) months.

He submits that, the reasons are given in the Application as to why the

Appeal could not be preferred within the prescribed period.



Sameer                             1 of 2
                                                                                    12-APEAL(ST)-3574-2026.doc



                        3.       We have heard the learned Counsel for the Applicant / Appellant

                        and the learned Addl. PP for the Respondent – State.

                        4.       After hearing both the sides and for the reasons mentioned in the

                        Application, the Application is allowed in terms of Prayer Clause – (A).

                        The Application stands disposed of accordingly.


                        [II]     ORDER IN CR. APPEAL (STAMP) NO. 3574 OF 2026 :

                        1.       This is an Appeal against conviction.

                        2.       Admit.

                        3.       Issue notice to the Respondent. Learned Addl. PP waives service

                        of notice for the Respondent – State.

                        4.       Call record and proceedings, along with paper-book, from the

                        learned Trial Court.


                        [III]    ORDER IN CRI-INTERIM APPLICATION NO. 592 OF 2026 :

                        1.       This is an Application for suspension of sentence.

                        2.       Issue notice to the Respondent, returnable on 15th October,

                        2026. Learned Addl. PP waives service of notice for Respondent – State.




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

           Digitally
           signed by
           RAJU
RAJU       DATTATRAYA
DATTATRAYA GAIKWAD
GAIKWAD    Date:
           2026.10.01
           18:41:59
           +0530




                        Sameer                              2 of 2

Continue reading with your account

Checking your session…