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Bombay High CourtIA/704/2024allowed

State Of Maharashtra v. Bhimrao Shravan Khandare

2026-01-06Hon'Ble Shri Justice Sarang Vijaykumar Kotwal , Hon'Ble Shri Justice Sandesh Dadasaheb Patil3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Digitally signed by VASANT ANANDRAO IDHOL Date:

2026.01.07 19:07:05 +0530 VASANT ANANDRAO IDHOL INTERIM APPLICATION NO.704 OF 2024 IN APPLICATION FOR LEAVE TO APPEAL (ST.)NO.3578 OF State of Maharashtra ...Applicant V/s.

Bhimrao S. Khandare

...Respondent

Ms.Kranti Hiwrale, APP for the State - Applicant. CORAM : SARANG V. KOTWAL & SANDESH D. PATIL, JJ.

DATE : 6TH JANUARY, 2026.

P.C. :- 1.

This is an Application for condonation of delay of 189 days in filing an application for leave to tile appeal against the acquittal. The impugned judgment and order passed by the learned Additional Sessions Judge, Nashik in Sessions Case No.174 of 2020 on 4th May, 2023. The application for certified copy itself was made on 30th October, 2023. The certified copy was received on 6th November, 2023. After that the proposal was 1/3

sent by the Addl.PP office to the Law and Judiciary Department recommending filing of an appeal. It was decided to file an appeal. Some time was taken to collect the copies and thereafter the appeal memo was prepared. All this has caused the delay of 189 of days in filing an appeal.

2.

In this application, the notice was issued to the Respondent. Office record shows that the notice was duly served. We have considered the grounds for condoning delay mentioned in the application. Though the application for certified coy could have been made earlier, the offence is serious and the State has offered an explanation for filing an application for leave to file appeal with a delay of 189 days.

3.

In these circumstances, we are inclined to allow the application. Hence we pass the following order :- i).

The delay of 189 days in filing the application for leave to file appeal against the impugned judgment and order passed by 2/3

the learned Additional Sessions Judge, Nashik in Sessions Case No.174 of 2020 dated 4th May, 2023 is condoned. ii).

The Application is disposed of.

(SANDESH D. PATIL, J.) (SARANG V. KOTWAL, J.) 3/3