Ganesh Shrirang Shembde v. The State Of Maharashtra And Another

2025:BHC-AUG:10261 -1- Cri.Appln.664.2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.664 OF 2025 IN CRIMINAL APPEAL (ST.) NO. 1767 OF 2025 GANESH SHRIRANG SHEMBDE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ......

Mr. Someshwar S. Birajdar h/f. Mr. Sudhir K. Chavan, Advocate for Applicant Dr. Kalpalata Patil Bharaswadkar, APP for Respondent - State ......

CORAM : ABHAY S. WAGHWASE, J.

DATED : 07 APRIL, 2025 PER COURT :

1.

This is an application for condonation of delay of 160 days caused in filing the criminal appeal.

2.

Learned counsel for applicant pointed out that, reasons for delay are spelt out in paragraph nos.4 and 5 of the application and stated that there is no deliberate and intentional delay. That, applicant is behind bars. That, there is a good case in appeal and therefore, in the interest of fair opportunity, delay so caused is sought to be condoned.

3.

Learned APP for the respondent - State strongly opposed on the ground that there is no plausible explanation for the said delay.

-2- Cri.Appln.664.2025 4.

After considering the submissions and on going through the papers, more particularly in view of contentions raised in paragraph nos.4 and 5 and in the interest of justice, the application is allowed and the delay of 160 days is condoned. 5.

Registry to register the criminal appeal.

(ABHAY S. WAGHWASE, J.) M. R. Tandale