Swapnil @ Tawry S/O Rajendra Ramteke v. The State Of Maharashtra Thr Pso Ps Imamwada Nagpur Tahsil And Dist Nagpur

2026:BHC-NAG:838-DB 1 9-APPA-38-2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APPA) NO. 38 OF 2026 IN CRIMINAL APPEAL ST. NO.10805 OF 2025 SWAPNIL @ TAWRY S/O RAJENDRA RAMTEKE Vrs.

STATE OF MAHARASHTRA -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri Aditya Pande Advocate (appointed) for applicant/appellant. Ms. N. R. Tripathi, A. P. P. for respondent-sole. CORAM: ANIL L. PANSARE AND NIVEDITA P. MEHTA, JJ.

DATE : 19/01/2026 1.

Heard.

2.

Applicant / appellant is seeking to condone the delay of 859 days caused in filing appeal against the Judgment and order passed by the Sessions Court, Nagpur convicting the appellant for the offence punishable under Section 302 of the Indian Penal Code.

3.

Counsel for the applicant submits that delay has occurred because the applicant is in jail and has restrictions to movement. He could not collect the documents, nor could he give instructions. That apart, he is poor and therefore, could not engage counsel. 4.

Later on, the matter was taken up by the High Court Legal Services Sub-Committee, Nagpur and counsel appointed. Thereafter, the appeal is prepared and filed.

2 9-APPA-38-2026.odt 5.

Learned APP opposed the application saying that the delay is not properly justified.

6.

We, however, find that applicant / appellant had multiple impediments and has assigned sufficient cause to condone the delay.

7.

In view of the above and for the reasons set out in application, the application is allowed. Delay is condoned. Appeal be registered and processed as per the rules.

8.

Application is disposed of.

CRIMINAL APPLICATION NO. 42 OF 2026 9.

Issue notice to the respondent, returnable in three weeks.

10.

Ms. N. R. Tripathi, learned APP waives notice for respondent.

CRIMINAL APPEAL ST. NO.10805 OF 2025 11.

Heard.

12.

Admit.

13.

Call Record and Proceedings.

14.

Ms. N. R. Tripathi, learned APP waives notice for respondent.

[JUDGE] [JUDGE] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 20/01/2026 11:00:27