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Bombay High CourtAPPLN/1333/2026application allowed

Santosh Madhavrao Dhutraj v. The State Of Maharashtra

2026-04-27Hon'Ble Shri Justice Abhay S. Waghwase3 pages

2026:BHC-AUG:18393 {1} CRI APPLN 1333 OF 2026

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1333 OF 2026 IN APEALST/3600/2026 Santosh Madhavrao Dhutraj Age: 54 years, Occu.: Agriculture, R/o. Prabhat Nagar, Nanded, Tq. & District Nanded.

....Applicant

Versus

The State of Maharashtra Through Officer in Charge, Police Station Bhagyanagar, Nanded District Nanded.

....

...

Advocate for Applicant : Ms. Ashwini Annasaheb Lomte APP for Respondent : Mr.B.B.Bhise .....

CORAM : ABHAY S. WAGHWASE, J.

RESERVED ON : 24 APRIL, 2026 PRONOUNCED ON : 27 APRIL, 2026 ORDER :- 1.

Present application is for condonation of delay caused in filing criminal appeal against judgment and order dated 25-04-2024 passed by learned Additional Sessions Judge, Nanded, in Sessions Case No.9 of 2020.

2.

Learned counsel for applicant submits that applicant was tried

{2} CRI APPLN 1333 OF 2026 vide Sessions Case No.9 of 2020 for offence under Sections 307, 353, 186, 504, 506 of the Indian Penal Code (IPC) and by judgment and order dated 25-04-2024, guilt has been recorded for offence under Sections 307, 353, 504, 506 of the IPC. That, against said judgment and order, appeal was to be preferred before this Court within limitation, however, because of poor financial condition and initial request for appointment of Counsel through Legal Aid, time was spent. That has occasioned above delay of 654 days i.e. of almost two years. That, applicant has hopes in succeeding in appeal on merits and therefore, in the interest of justice and for fair opportunity, delay is sought to be condoned.

3.

Learned APP has opposed application on the ground that delay is huge and that there is no plausible explanation. 4.

After considering above submissions, there seems to be prayer for condonation of delay of 654 days caused in filing appeal against judgment and order of conviction dated 25-04-2024 recorded by Additional Sessions Judge, Nanded in Sessions Case No.9 of 2020. Delay is sought to be condoned primarily on the grounds of no financial means to prefer appeal independently and that, time was

{3} CRI APPLN 1333 OF 2026 spent in putting up request for appointment of Counsel through Legal Aid. Taking the same into consideration and in the interest of justice, delay is required to be condoned. Therefore, application is allowed. Delay of 654 days caused in filing appeal is condoned. 5.

Registry to verify and register appeal.

( ABHAY S. WAGHWASE ) JUDGE SPT