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Bombay High CourtAPPA/545/2025delay condonatedrejected

Sopan S/O Wasudev Gawande v. State Of Maharashtra Thr Pso Ps Borgaon Manju Tq And Dist Akola And Others.

2025-11-17Hon'Ble Shri Justice M. M. Nerlikar2 pages

1 9 appa 545.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO. 545/2025 IN CRIMINAL APPEAL (ST) NO. 6468/2024 (Sopan Wasudeo Gawande Vs. State of Maharashtra & ors.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A.S. Londhe, Advocate for applicant.

Mr. G. S. Umale, APP for non-applicant/State. Mr. M.N. Ali, APP for non-applicant Nos. 2, 6, 7, & 8. CORAM: M. M. NERLIKAR, J .

DATED : 17/11/2025.

Heard.

2.

The present application is filed for condonation of delay. The delay is of 59 days in preferring the appeal against acquittal.

3.

Heard the learned counsel for the applicant and the learned counsel for the non-applicants. The learned counsel for the appellant submits that though application for condonation of delay was filed, but it was not registered due to on-line objection. However, as soon as he came to know about the objection, the learned counsel for applicant removed the on-line objection and accordingly, it was registered, therefore due to this procedure, delay of 59 days occurred. The learned counsel for non-applicants submits that there is no sufficient cause to condone the delay and therefore, he requested to reject the application. 4.

Considering the above explanation given in the application, I am of the considered view that the delay in preferring the appeal is sufficiently explained and

2 9 appa 545.25 therefore, delay is required to be condoned.

5.

Application is allowed. The delay of 59 days is condoned.

6.

The Registry is directed to register the application for grant to leave to file appeal.

7.

List the application for admission on 24.11.2025. 8.

The learned counsel for applicant shall place on record the copies of deposition.

( M. M. NERLIKAR , J.) Gohane