Sandeep Sanjay Tandekar v. The State Of Maharashtra Thr Pso Ps Adyal Bhandara

(1) 22appa858.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO.858/2025 (DELAY) IN CRIMINAL APPEAL ST.NO.8597/2025 Sandeep Sanjay Tandekar (In Jail) .Vs. State of Maharashtra --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. D. U. Thakare, Advocate for petitioner Mr. K. R. Lulay, A.P.P. for respondent.

CORAM :

ANIL L. PANSARE AND Y. G. KHOBRAGADE, JJ.

DATE :

OCTOBER 13, 2025.

Heard.

2.

The applicant has approached this Court with a request to condone the delay of 820 days in filing appeal against the judgment and order dated 18.04.2023, passed by Additional Sessions Judge, Bhandara and Sessions Trial No. 53/2021. The applicant has been convicted for the offence punishable under Section 302 of the Indian Penal Code, 1860.

3.

Learned counsel for applicant submits that the applicant is in jail and has restrictions on movement and hence could not procure the documents. He further submits that the applicant could not get legal advise. He is dependent on his brother. Somehow his brother approached the counsel and requested him to take necessary steps. Hence delay. 4.

Learned A.P.P. has opposed the application on the ground that the delay is not properly explained. However, we find that the applicant has restrictions on movement and could not procure documents. His brother managed to pursue the counsel and accordingly there occurred delay. 5.

In view of above and for the reasons set out in the application, sufficient cause is shown. The application is

(2) 22appa858.25 accordingly allowed. Delay is condoned. The appeal shall be registered, in accordance with rules.

6.

The application is disposed of.

Criminal Appeal Stamp No.8597/2025 Heard.

2.

Admit. Call record and proceedings.

3.

Learned A.P.P. waives service of notice for the respondent.

Criminal Application Stamp No.8599/2025 Heard.

2.

Issue notice to the non applicant, returnable after Diwali Holidays.

3.

Learned A.P.P. waives service of notice for the non applicant.

(JUDGE) (JUDGE) Kahale