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Bombay High CourtAPPLN/4850/2025application allowed

Bhanudas Ganpati Natkar v. The State Of Maharashtra And Another

2026-01-22Hon'Ble Shri Justice Abhay S. Waghwase2 pages

1 902.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4850 OF 2025 IN APEALST/13469/2025 WITH CRIMINAL APPEAL STAMP NO. 13469 OF 2025 BHANUDAS GANPATI NATKAR

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. S.P. Koli APP for Respondent No. 1 : Mr. V.S. Badakh ...

CORAM : RAJNISH R. VYAS, J.

DATE : 22ND JANUARY, 2026 PER COURT :

1.

This is an application for condonation of delay in preferring the appeal.

2.

The original accused no. 1 has preferred an appeal challenging his conviction under Section 376 (3) of the Indian Penal Code and Sections 4, 12 of Protection of Children from Sexual Offences Act, so also Section 506 of the IPC. The maximum punishment imposed upon the applicant is of twenty years.

3.

Learned counsel for the appellant submitted that since the applicant is a poor person, he could not prefer an appeal, and therefore, the present application along with memo of appeal is filed through the

2 902.odt Legal Aid. He submits that, therefore, the delay of 363 days in filing Criminal Appeal is not intentional. He submits that since sentence is of twenty years and he has arguable points in the appeal, delay may be condoned.

4.

In view of the averments made, let the victim of the crime be informed about the pendency of this application and appeal also. 5.

Issue notice to respondent no. 2, returnable on 05.02.2026. Learned APP waives service for respondent no. 1. ( RAJNISH R. VYAS, J. ) SPC