Shankar Sudhakar Tingusle v. The State Of Maharashtra Thr Pso Ps Gadchiroli

1 APPA-816.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (APPA) NO. 816 OF 2025 IN CRIMINAL APPEAL STAMP NO. 8205 OF 2025 ( Shankar Sudhakar Tingusle .vs.. The State of Maharashtra, through its PSO, PS Gadchiroli and another ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. S. Khobragade, Counsel for the applicant/appellant, Ms. Sonia Thakur, Addl.P.P. for respondent No.1/State. CORAM : NIVEDITA P. MEHTA, J.

DATE : 26-09-2025 The present application is filed seeking condonation of delay of 406 days in filing the appeal. The applicant has assailed the judgment and order dated 09-05-2024 passed by the learned Additional Sessions Judge, Gadchiroli in Special (POCSO) Case No. 86/2020.

2.

The learned Counsel for the applicant submits that delay in filing appeal occurred due to applicant's incarceration and acute financial constraints. The applicant was unable to establish timely communication with his relatives or engage counsel for necessary legal assistance. It was only after obtaining required instructions the present appeal could be prepared.

3.

The learned Additional Public Prosecutor has opposed the application contending that no sufficient grounds are demonstrated in the application.

2 APPA-816.25 4.

Having considered the submissions advanced by the learned Counsel for the applicant and the learned Additional Public Prosecutor for respondent No.1, upon perusal of record, this Court is of the view that sufficient cause has been shown for delay in filing the appeal. The reasons assigned by the applicant appears to be satisfactorily explained. Accordingly, delay of 406 days in filing appeal is condoned. The application is disposed of. The appeal be registered.

Criminal Appeal (Stamp) No. 8205/2025.

Heard.

2.

Admit.

3.

Ms. Sonia Thakur, learned Additional Public Prosecutor waives service of notice for respondent No.1/State. 4.

Issue notice to respondent No.2, returnable on 10-11-2025.

5.

Call for record and proceedings.

(NIVEDITA P. MEHTA, J.) adgokar