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Bombay High CourtAPPLN/4489/2025disposed off

Anil Suryakant Taktode v. The State Of Maharashtra

2026-02-09Hon'Ble Shri Justice Abhay S. Waghwase3 pages

2026:BHC-AUG:5509 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4489 OF 2025 IN REVNST/12456/2025 Anil Suryakant Taktode ... Applicant

Versus

The State of Maharashtra ... Respondent.

.....

Mr. Shirish M. Kamble, Advocate for Applicant (Through V.C.) Mr. S. M. Ganachari, APP for Respondent - State. .....

CORAM : ABHAY S. WAGHWASE, J.

RESERVED ON : 06 FEBRUARY 2026 PRONOUNCED ON : 09 FEBRUARY 2026 ORDER :

1.

Instant application is for condonation of delay of 1304 days caused in filing Criminal Revision Application. 2.

Learned counsel for applicant pointed out that, present applicant was being tried for commission of offence punishable under sections 147, 148, 149, 324, 323, 504, 506 of Indian Penal Code and under section 135 of the Bombay Police Act, vide R.C.C. No.137/2005 and he came to be convicted for offence punishable under sections 148, 324 read with section 149 of IPC by judgment and order dated 24.11.2015 passed by learned Judicial Magistrate First Class, Basmathnagar, Dist. Hingoli. Against the said conviction, Criminal

-2Appeal No. 47 of 2015 was preferred, but the same was dismissed in September 2021. Against which the applicant intends to prefer revision. However, delay has occurred in filing revision beyond the period of limitation.

3.

Learned counsel pointed out that the applicant is a labourer, illiterate and he has limited financial needs and was not aware of legal procedure. Moreover, due to Covid-19 pandemic, there was loss of employment, resulting in economic hardship. That, the delay is attributable to taking steps for procuring documents, and as such, delay of 1304 days is caused. The same is unintentional and not deliberate and consequently for above reasons, in the interest of justice and fair opportunity, delay is sought to be condoned. 4.

State has opposed on the ground that, there is no plausible explanation and delay is immense.

5.

After going through the papers, it seems that the applicant was tried vide R.C.C. No.137/2005 for commission of above offences and he was held guilty by learned J.M.F.C. Basmathnagar vide judgment and order dated 24.11.2015. Appeal seems to have been preferred against the said conviction, but it was also dismissed in September 2021. Now, reasons put-forth for delay in filing revision are that there was Covid-19 pandemic and being a labour, illiterate

-3and on account of financial needs, steps could not be taken within limitation. Delay is apparently of 1304 days, which is around four years. Covid-19 pandemic was over by March 2022 and life had come to normalcy by then. Therefore, the said reason does not seem to be plausible. There is a conviction recorded by learned trial court and upheld by learned first appellate court. The main matter is of 2005, appeal ended up in 2021 and now, almost after four years, an attempt has been taken to get delay condoned. There being no convincing reason and the delay being huge, application deserves to be rejected. Hence, the following order :-

ORDER

The Criminal Application stands rejected.

(ABHAY S. WAGHWASE, J.) Tandale