Bombay High Court

SADASHIV ASHOK SANADEversusTHE STATE OF MAHARASHTRA AND ANR

Disposal: Allowed

Holding

The court held that the delay is condoned as the appellant was in jail, providing sufficient cause.

Summary

The applicant, Sadashiv Ashok Sanade, was convicted on 8 November 2024 and remained in jail, causing a delay of 367 days in filing his criminal appeal. He filed an interim application seeking condonation of this delay, arguing that his incarceration prevented timely filing. The victim, represented by a legal aid advocate, opposed the condonation, asserting no sufficient cause was shown. The court examined the submissions and, noting the applicant was still incarcerated, found a sufficient cause for the delay. Consequently, the court condoned the 367‑day delay and ordered the registry to register the appeal.

Issues considered

Whether a delay of 367 days in filing a criminal appeal can be condoned when the appellant was in jail.

Subjects

condonation of delay
criminal appeal
legal aid
jail
interim application
Criminal Procedure Code

Judgment

914- IA-83-2026 (CR).docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR

CRIMINAL APPELLATE JURISDICTION

CRI-INTERIM APPLICATION NO. 83 OF 2026
IN
CR. APPEAL (ST.) NO. 439 OF 2026

Sadashiv Ashok Sanade … Applicant
Versus.
The State of Maharashtra And Anr. … Respondents

-----
Ms. Tanvi Tapkire for the Applicant.
Mr. S.S. Chaudhari, A.P.P. for the Respondent No.1-State.
Ms. Preeti Dawada, Appointed Advocate for the Respondent No.2.
(Appointed under Legal Aid) .
-------

Coram : ASHWIN D. BHOBE, J.

Date : 19th August 2026.

PER COURT :

1. Notice was issued to the Respondent No.2 (victim) on 10 th February

2026.

2. Mr. Chaudhari, learned A.P.P., submits that Respondent No. 2 is present

in the Court and has sought assistance under the Legal Aid, as she is unable

to afford a private lawyer. Mr. Chaudhari, learned A.P.P., therefore suggests

the appointment of Advocate Ms. Preeti Dawada, who is present in the Court,

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914- IA-83-2026 (CR).docx

to appear for Respondent No. 3. Respondent No. 3 has consented to the

appointment of Ms Preeti Dawada.

3. Advocate Ms. Preeti Dawada is hereby appointed to represent the

Respondent No.2, under the Legal Aid Scheme.

4. Heard, Ms. Tanvi Tapkire, learned Advocate for the Applicant, Ms.

Preeti Dawada for Respondent No. 3 and Mr. Chaudhari, learned A.P.P.

5. Ms. Tanvi Tapkire, learned Advocate for the Applicant, submits that the

present Application is for condonation of a delay of 367 days in filing the

Criminal Appeal. She submits that the Applicant was convicted on 8 th

November 2024 in Special Case No. 69 of 2023. She states that the Applicant

was in jail on the date of conviction. She submits that due to the difficulty

faced by the Applicant while in jail, the Appeal could not be preferred within

the prescribed time. She therefore requests condonation of delay.

6. Ms. Preeti Dawada, learned Advocate for Respondent No.2, opposed

the request for condonation of delay on the ground that the Applicant has

failed to show any cause, let alone sufficient cause. She submits that the

Applicant cannot take shelter in being in jail and ought to have availed the

legal remedies in time. She submits that nothing prevented the Applicant

from availing assistance under the Legal Aid Scheme immediately upon his

conviction. She, therefore, opposes the request made by the learned Advocate

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for the Applicant.

7. Mr. Chaudhari, learned A.P.P., submits that the Applicant being in jail,

the request for condonation of delay may be considered and the main matter

may be heard on merits.

8. Perused the records.

9. In view of the statement made by Ms. Tanvi Tapkire, learned Advocate

for the Applicant, that on the date of conviction, i.e. 8 th November 2024 and

even as on date, the Applicant continues to be in jail, I find sufficient cause in

the reasons offered by the Applicant for condonation of delay. Considering

the averments made in the Application for condonation of delay and the

submissions made by Ms. Tanvi Tapkire, learned Advocate for the Applicant,

the delay of 367 days in filing the Criminal Appeal is condoned.

10. Interim Application No. 83 of 2026 is allowed. Registry is directed to

[ ASHWIN D. BHOBE, J. ]
Digitally signed
by OMKAR
OMKAR SHIVAHAR
SHIVAHAR KUMBHAKARN
KUMBHAKARN Date:
2026.08.20
10:23:10 +0530

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