Akash Subhash Rathod v. The State Of Maharashtra And Another

2026:BHC-AUG:7437 (1) 918criapln76.26

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 918 CRIMINAL APPLICATION NO. 76 OF 2026 IN APEALST/149/2026 AKASH SUBHASH RATHOD ....Applicant

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER .....Respondents Mr. S. G. Bobade, Advocate for the applicant Mr. V. K. Kotecha, AGP for the respondents/State Mr. A. A. Lomte, Advocate for the respondent No. 2 (appointed) CORAM : RAJNISH R. VYAS, J.

DATE : 20th FEBRUARY, 2026 PER COURT :

1.

This is an application for condonation of delay of 586 days caused in filing the the appeal challenging the conviction of 20 years awarded by the Special Judge (POCSO), Auarangabad on 1803-2024 for commission of offences punishable under Sections 4(2) and 8 of the POCSO Act and Section 377 of the IPC. 2.

Learned APP and the learned advocate for the victim have opposed the application.

3.

Considering the fact that the applicant is in jail and contention of the learned advocate for the applicant that for want of legal advise, he could not prefer the appeal, I am inclined to allow

(2) 918criapln76.26 the application. Accordingly, the application is allowed. The delay is condoned. The appeal be registered.

[RAJNISH R. VYAS, J. ] VishalK/918criapln76.26