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Bombay High CourtIA/4828/2025allowed

Kishor Prakash Shinde v. State Of Maharashtra

2026-01-21Hon'Ble Shri Justice Manish Pitale , Hon'Ble Shri Justice Shreeram Vinayak Shirsat2 pages

38-APEAL(ST)-26323-2025 @ORS.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by PURTI PRASAD PARAB Date:

2026.01.22 18:17:49 +0530 CRIMINAL APPELLATE JURISDICTION PURTI PRASAD PARAB CRIMINAL APPEAL (ST) NO. 26323 OF 2025 ALONGWITH INTERIM APPLICATION NO. 4826 OF 2025 ALONGWITH INTERIM APPLICATION NO. 4828 OF 2025 IN CRIMINAL APPEAL (ST) NO. 26323 OF 2025 ALONGWITH CRIMINAL APPEAL NO. 691 OF 2022 Kishor Prakash Shinde ...Appellant

Versus

The State of Maharashtra

...Respondent

_______ Mr. Jagdish Shetty for the Appellant.

Ms. Sangita Phad, APP for Respondent/State.

_______

CORAM:

MANISH PITALE & SHREERAM V. SHIRSAT, JJ.

DATE:

21st JANUARY 2026.

P.C.

INTERIM APPLICATION NO. 4826 OF 2025 1.

By this Application the Applicant (Original Accused) is seeking condonation of delay of 2355 days in filing the accompanying Appeal to challenge the judgment and order of the Trial Court convicting and sentencing him alongwith another accused person for the offence under Section 302 of the Indian Penal Code, 1866. The applicant was sentenced to suffer imprisonment for life.

2.

Although the delay is considerable, we find that throughout the Applicant has remained behind bars. Upon registration of offence he was arrested on 12th July 2014 and thereafter he has continued in custody. Purti Parab

38-APEAL(ST)-26323-2025 @ORS.DOC Having remained in custody the Applicant was unable to immediately approach this Court to file the accompanying Appeal. 3.

We are satisfied that sufficient ground is made out for condoning the delay. Accordingly, delay is condoned.

4.

Having heard Learned Counsel for the Appellant, the Appeal is admitted. Tag alongwith Criminal Appeal No. 691 of 2022. 5.

Interim Application No. 4828 of 2025 for suspension of sentence and release on bail shall be listed for consideration on 10th February 2026 (High on Board).

(SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.) Purti Parab