Madhu Chandrashekar Acharya v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.4868 OF 2024 WITH APPLICATION FOR LEAVE TO APPEAL (PVT.) (ST) NO.24045 OF 2024 SATISH RAMCHANDRA SANGAR Madhu Chandrashekar Acharya ...Applicant/Appellant V/s.

SATISH RAMCHANDRA SANGAR Date: 2025.06.13 11:31:49 +0530 The State of Maharashtra and Ors.

...Respondents

***** Mr.Amogh K. Karandikar:- Advocate for Applicant/Appellant.

Ms.Shama Mulla h/f Ms.Sandhya Mailagir:- Advocate for Respondent Nos.2-6.

Mr.Vinod K.Sharma a/w Mr.Manoj Shah:- Advocates for Respondent No.7.

*****

CORAM

:

S. M. MODAK, J.

DATE :

11th JUNE 2025 P. C. :- INTERIM APPLICATION NO.4868 OF 2024 1.

Heard learned Advocate for the Applicant/Complainant, learned Advocate for Respondent Nos.2 to 6 and learned Advocate for Respondent No.7.

2.

These Respondents are the Accused in a private complaint filed for the commission of offence under Section 500 of IPC. That 1/3

complaint was dismissed on 7th May 2024 after the Complainant started with the evidence.

3.

As the Applicant was not keeping well, he was not attending the trial. For the same reason, the Applicant could not prefer an Appeal before this Court. Copy of the medical certificate issued by the Civil Surgeon of Civil Hospital Thane is annexed on Page No.25. It mentions about advising rest from 6th May 2024 to 16th July 2024. After that, the Applicant took some time to collect the papers and that is why, there is a delay of 110 days in filing the Appeal. 4.

Both the learned Advocates undertake to file Vakalatnama in the Office within 7 days. They have strongly opposed the condonation of delay. The medical certificate is on record. I am satisfied about the reasons offered for condonation as pleaded in the Application. The rights of the parties to oppose leave Application are kept intact. In view of that, the Application is allowed in terms of prayer clause (a). 5.

The Application is disposed of accordingly.

APPLICATION FOR LEAVE TO APPEAL (PVT.) (ST) NO.24045 OF 2024 6.

Issue notice to the Respondents. Learned APP waives notice for Respondent No.1-State. Both the learned Advocates, they are already having copies of memo of Appeal. They can file Vakalatnama as 2/3

assured earlier in the Office earlier to the next date. Both are at liberty to file reply earlier to the next date.

7.

Stand over to 9th July 2025.

[S. M. MODAK, J.] 3/3