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Bombay High CourtIA/2592/2025disposed off

Ajit Rajaram Mohit v. State Of Maharshtra

2025-09-09Hon'Ble Shri Justice Amit Borkar2 pages

42 IA 2592-25.doc Ashish by ASHISH SAHEBRAO MHASKE Date: 2025.09.09 18:55:38 +0530 ASHISH SAHEBRAO MHASKE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2592 OF 2025 IN CRIMINAL REVISION APPLICATION (ST) NO. 14347 OF 2025 Ajit Rajaram Mohit and anr ... Applicants V/s.

State of Maharashtra and anr ... Respondent Mr. Pankaj Shinde, for the applicant.

Mrs. Kranti Hiwrale, APP for respondent-State.

CORAM

: AMIT BORKAR, J.

DATED : SEPTEMBER 9, 2025 P.C.:

1.

This Court had issued notice to the respondent. The record shows that the applicant has filed an affidavit of service, which indicates that respondent No.2 has been duly served with the notice of this proceeding. Despite such service, respondent No.2 has chosen not to appear before this Court, nor has any explanation been tendered for such non-appearance. This conduct shows that respondent No.2 is not interested in contesting the matter. Hence, the Court proceeds to decide the application in his absence.

2.

On perusal of the reasons stated in the application seeking condonation of delay, it appears that the applicant has explained the delay in a satisfactory manner. The reasons disclosed in the

42 IA 2592-25.doc application cannot be said to be lacking in bona fides or insufficient. The law is well settled that while considering an application for condonation of delay, the Court must adopt a liberal approach, so as to advance substantial justice. Sufficient cause should receive a liberal construction to ensure that a party is not denied opportunity of hearing on technical grounds. Applying the said principle, this Court is satisfied that the applicant has shown sufficient cause for condonation of delay. Accordingly, the delay in filing the Criminal Revision Application stands condoned. 3.

In view of the above, the Interim Application is allowed. (AMIT BORKAR, J.)