Bhagwata S/O Indrapal Kewat v. State Of Mah. Thr. Pso Majri Tah.Bhadrawati Dist.Chandrapur

2026:BHC-NAG:6741-DB

(1) 40.appa.326.2026

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO.326 OF 2026 IN CRIMINAL APPEAL STAMP NO.6760 OF 2024 Bhagwata s/o Indrapal Kewat Vs.

State of Maharashtra, through Police Station Officer, Majri, District Chandrapur -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. D. A. Sonwane, Advocate (appointed) for applicant/appellant. Mr. N. H. Joshi, APP for respondent No.1/State. CORAM : URMILA JOSHI-PHALKE AND NIVEDITA P. MEHTA, JJ.

DATED : 29/04/2026 1.

By this application, the applicant is seeking condonation of delay which caused in preferring the appeal against the conviction.

2.

Heard learned counsel for the applicant, who submitted that after conviction, the appellant/applicant was detained in jail. Due to his financial constraints, he could not approach to the counsel as well as after receipt of the copies, he handed over the same to the counsel appointed through legal aid and thereafter, preferred an appeal. Thus, there is a reasonable and justifiable reason for condonation of delay. 3.

Learned APP strongly opposed the said contention. 4.

After hearing the learned counsel for the applicant and learned APP for the State, perused the reason mentioned in the application, considering the statutory right involved in

(2) 40.appa.326.2026 the present appeal and the reason mentioned, which appears to be just and reasonable one. The delay of 830 days is hereby condoned.

5.

The application is accordingly allowed.

6.

Appeal be registered.

CRIMINAL APPEAL STAMP NO.6760 OF 2024 1.

Admit.

2.

Call for record and proceedings.

3.

On registration of the appeal, learned APP waives notice for the State.

4.

Appeal be listed before this Court after preparation of the paper book.

(NIVEDITA P. MEHTA, J) (URMILA JOSHI-PHALKE, J) Sarkate Signed by: Mr. A.R. Sarkate Designation: PA To Honourable Judge Date: 30/04/2026 18:54:12