Chetan Balu Tikone v. State Of Maharashtra

WAKLE MANOJ JANARDHAN Manoj 2-IA-2879-2025.DOC WAKLE MANOJ JANARDHAN Date: 2025.08.08 13:02:40 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.2879 OF 2025 IN CRIMINAL APPEAL (ST) NO.15756 OF 2025 Chetan Balu Tikone ...Applicant

Versus

State of Maharashtra

...Respondent

_______________________ Mr. Pawan Mali, for the Applicant.

Mr. Kumar V. Saste, APP for the Respondent-State. _______________________ CORAM : SUMAN SHYAM & SHYAM C. CHANDAK, JJ.

DATED : 7th AUGUST, 2025 P.C. :- 1.

Heard Mr. Mali, learned Counsel for the Applicant and Mr. Saste, learned APP for the Respondent-State.

2.

The Interim Application No.2879 of 2025 has been filed under Section 5 of the Limitation Act, 1963 with a prayer to condone the delay of 106 days in preferring the connected Appeal against the Judgment and Order of conviction of the Applicant.

3.

We have perused the statements made in the Application explaining the delay. We have also heard the submissions advanced by the learned Counsel for both the sides. After going through the explanation 7th August, 2025

Manoj 2-IA-2879-2025.DOC furnished in paragraph 9 of the Application, we are convinced that the Applicant was prevented by sufficient cause from preferring the Appeal within the period of limitation. That apart, this Court is also conscious of the fact that filing an Appeal against the Judgment and Order of conviction involving Section 302 of the I.P.C. is a statutory right of the Appellant. 4.

In view of the above, the delay of 106 days in filing the Appeal, is hereby condoned.

5.

Office to register the Appeal.

6.

Interim Application stands disposed of.

(SHYAM C. CHANDAK, J.) (SUMAN SHYAM, J.) 7th August, 2025