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Bombay High CourtAPPA/750/2025delay condonatedrejected

Khumaji Tulshiram Chaudhari v. The State Of Maharashtra Thr Pso Nagbhid Ps Dist Chandrapur And Others.

2026-01-14Hon'Ble Shri Justice Anil L. Pansare , Hon'Ble Justice Nivedita Prakash Mehta2 pages

2026:BHC-NAG:581-DB 12.appa.750.25 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Criminal Application [APPA] No.750 of 2025 in Criminal Appeal St. No.7412 of 2025 Khumaji Tulshiram Chaudhari vs.

The State of Maharashtra, through P.S.O. Nagbhid Police Station, District Chandrapur and others =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mr. S.T. Chavhan, Advocate for the Applicant/Appellant. Mr. S.S. Doifode, A.P.P. for Non-Applicant/Respondent No.1.

CORAM

: ANIL L. PANSARE & NIVEDITA P. MEHTA, JJ.

DATE : 14 th JANUARY, 2026.

01.

Heard. None appears for respondent Nos.2 to 5 though served. 02.

By the present application, the appellant is seeking to condone the delay of 86 days in filing the appeal against the judgment and order passed by the learned Additional Sessions Judge, Chandrapur, thereby acquitting respondent Nos.2 to 5.

03.

The appellant is brother of the deceased. The learned Counsel for the appellant submits that the delay occurred because it took some time to obtain certified copy of the judgment. Thereafter, the learned Counsel took time to study the record and draft the appeal. Hence, the delay occurred.

04.

The learned A.P.P. has opposed the application contending that the delay is not properly explained.

05.

However, it appears to us that the learned Counsel, to whom the brief was entrusted, took time to go through the papers so as to properly draft the appeal. It also appears that some time was spent in obtaining the certified copy. Thus, the delay is justified.

12.appa.750.25 2/2 06.

In view of the above, the delay caused in filing the appeal is condoned. The appeal be registered. The application is allowed accordingly. Criminal Appeal St.No.7412/2025:

Heard.

02.

Issue notice to the respondents, returnable on 28th January, 2026.

03.

The learned A.P.P. waives notice on behalf of respondent No.1. (Nivedita P. Mehta, J.) (Anil L. Pansare, J.) *sandesh Signed by: Mr. Sandesh Waghmare Designation: PS To Honourable Judge Date: 16/01/2026 11:35:48