The State Of Maharashtra v. Dilip S/O Ratilal Gandhi And ANR

3-IA-4035-25 IN APEAL-1280-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 4035 OF 2025 IN CR. APPEAL (STAMP) NO. 21676 OF 2025 The State Of Maharashtra .... Applicant V/s.

Dilip S/o Ratilal Gandhi And Anr .... Respondents ---- Ms.Sanna Lobo, for the Appellant/Applicant.

Mr.A.S. Gawai, APP, for Respondent No.1-State. Mr.Suresh Dhole a/w Mr.Pravin Mengana, for the Respondents. NILAM SANTOSH KAMBLE NILAM SANTOSH KAMBLE Date: 2025.12.17 11:03:26 +0530 ---- CORAM : R.M. JOSHI, J.

DATE : 16th DECEMBER 2025 P.C:- .

This Application is for condonation of delay of 284 days in filing Appeal under Section 14A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'SCST Act') against the order dated 23rd September 2024 passed in Special Case SC and ST No.13 of 2016.

2.

The learned APP submits that the victim has already filed Appeal against the said order and hence there is no N.S. Kamble page 1 of 2

3-IA-4035-25 IN APEAL-1280-2024.doc prejudice which is likely to caused to the contesting Respondents, if the delay is condoned.

3.

Learned counsel for contesting Respondent No.2 filed reply. Taken on record. He opposed the Application. 4.

It is not in dispute against the order impugned in the present Appeal another Appeal has been filed by the victim. The said Appeal is filed in time. In such circumstances, no prejudice will cause to the contesting Respondents, if delay is condoned. Both Appeals can be heard together. 5.

For the reasons mentioned in the Application, it cannot be said that, the delay is deliberate. For want of any mala fides and for the reasons delay is satisfactorily explained. 6.

Application is allowed in terms of prayer Clause (b). 7.

The Appeal be registered.

8.

Criminal Appeal No.1280 of 2024 and Criminal Appeal Stamp No.21676 of 2025 be placed together on 23rd January 2026.

(R.M. JOSHI, J.) N.S. Kamble page 2 of 2