Hirabhai Jethabai Sosa v. Meghana Madhukar Patki And ANR

41-IA-4218-2025-IN-APEALST-23023-2025.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 4218 OF 2025 IN CRIMINAL APPEAL (ST) NO. 23023 OF 2025 Hirabai Jethabai Sosa ...Applicant

IN THE MATTER BETWEEN

Hirabai Jethabai Sosa ...Appellant

Versus

Meghana Madhukar Patki & Anr

...Respondents

SHEPHALI SANJAY MORMARE SHEPHALI SANJAY MORMARE Date: 2026.02.18 18:54:20 +0530 Mr Arvind Dhanraj Aswani, Advocate earlier appointed, for the Applicant/Appellant.

Mr Aditya Rai, with Raj Tamhankar & Vayukumar Tiwari, for the Applicant/Appellant.

Mr SS Bedekar, for Respondent No. 1.

Mr HJ Dedhia, APP, for Respondent No. 2-State.

CORAM:

R. M. JOSHI, J.

DATED:

18TH FEBRUARY 2026 PC:- 1.

Mr Arvind Dhanraj Aswani, Advocate earlier appointed to represent the Applicant/Appellant is discharged. 2.

This is an Application for condonation of delay in preferring the Appeal against order dated 13th May 2025 passed in Special Case No. 299 of 2020, whereby the Respondent No. 1/Accused was discharged for the offence punishable under Sections 3(1)(c),

41-IA-4218-2025-IN-APEALST-23023-2025.DOC 3(1)(g), 3(1)(q), 3(1)(r), 3(1)(s), 3(1)(Za) (E) of the Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3.

Heard counsel for both sides. Learned counsel for the Appellant submits that the reasons mentioned in the Application for condonation of delay are satisfactory and, hence, the Application be allowed.

4.

Counsel for Respondent No. 2 opposed the Application. This is an application filed by the informant, who is the member of Scheduled Caste Community being aggrieved by the order of discharge passed by the Special Court. The Appellant would not have gained anything by not filing the Appeal in time. Apart from this, there is sufficient cause to shown in the Application for condonation of delay. Hence, the Application is allowed. 5.

Appeal be registered.

6.

Issue notice to the Respondents.

7.

Mr SS Bedekar, learned counsel waives service of notice on behalf of Respondent No. 1 and learned APP waives service of notice on behalf of Respondent No. 2-State.

8.

By consent of both sides, to be heard finally at the stage of admission on 12th March 2026.

(R. M. JOSHI, J.) {