Arun Bhagwan Gavli v. The State Of Maharashtra And Another

2026:BHC-AUG:3617 920.APPLN.2753.2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2753 OF 2025 IN CRIMINAL APPEAL (STAMP) NO. 7624 OF 2025 Arun Bhagwan Gavli ...Applicant

Versus

The State of Maharashtra and Another

...Respondents

*** Ms. Pratiksha S. Magre h/f Mr. Magre Sunil G., Advocate for the Applicant.

Ms. M. N. Ghanekar, APP for Respondent - State. Ms. Sonali Veer h/f Ms. Kalpaha Sonpawale, Advocate for Respondent No.2.

*** CORAM : RAJNISH R. VYAS, J.

DATE : JANUARY 28, 2026 PER COURT :

1.

This is an application for condonation of delay of 121 days caused in filing the criminal appeal challenging the judgment of conviction passed by the Special Judge (POCSO Act), Jalgaon in Special Case No.12 of 2017 dated 17th January 2025. 2.

By way of said judgment, the applicant - original accused was convicted for commission of offence punishable under Section 363 of the Indian Penal Code and directed to suffer imprisonment for three Shrikant Malani

920.APPLN.2753.2025 years. The applicant was also convicted for commission of offence punishable under Section 376 (2) (i)(n) of IPC. The applicant was also convicted for commission of offence punishable under Section 5(j) (ii) (I) punishable under Section 6 of the Protection of Children from Sexual Offences Act and the maximum punishment imposed is of ten years. Since this is an appeal against conviction and the applicant is behind the bars, so also considering the averments made in the application for condonation of delay, the application needs to be allowed.

3.

Accordingly, the following order is passed.

O R D E R

A) The application is allowed.

B) The delay of 121 days caused in filing the appeal is hereby condoned.

C) Appeal be registered accordingly.

( RAJNISH R. VYAS, J. ) Shrikant Malani