Ranjit Tukaram Wagh v. The State Of Maharashtra Thr Pso Ps Civil Lines Akola Dist Akola

1 appa 64.26

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (APPA) NO. 64 OF 2026 IN CRIMINAL APPEAL (STAMP) NO. 786 OF 2026 ( Ranjit Tukaram Wagh ..vs.. State of Maharashtra, through PSO, PS Civil Lines, Akola ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mrs. R.P. Jog, Counsel for the applicant/appellant, Ms. Nandita Tripathi, Addl.P.P. for the respondent/State. CORAM : ANIL L. PANSARE & NIVEDITA P. MEHTA, JJ.

DATED : 29 th JANUARY, 2026 By the present application, the applicant/appellant seeks condonation of delay of 61 days in filing the appeal against the judgment and order dated 12.09.2025 passed by the learned Additional Sessions Judge, Akola in Sessions Case No.39/2019, whereby the applicant was convicted and sentenced under Sections 302, 450, 452 and 506 of the Indian Penal Code, 1860.

2.

The learned Counsel for the applicant submits that the delay is neither deliberate nor intentional. It occurred due to lack of timely legal advice and financial constraints. She urges that refusal to condone the delay would cause irreparable loss to the applicant, while no prejudice would be occasioned to the respondent. Per contra, the learned Additional Public Prosecutor contends that no sufficient cause has been shown for condonation of delay in filing the appeal.

3.

Having heard the learned Counsel for the parties and perused the record, we find that the applicant has shown sufficient cause for the delay in filing the appeal. The right to prefer an appeal is a statutory right, which ought not to be denied when adequate cause is demonstrated.

2 appa 64.26 4.

In the result, the application is allowed. The delay of 61 days in filing the appeal is condoned. The appeal be registered. Criminal Appeal (Stamp) No. 786 of 2026.

Heard.

2.

Admit.

3.

Call record and proceedings.

4.

Ms. Nandita Tripathi, learned Additional Government Pleader waives service of notice on behalf of the respondent/State. 5.

List the appeal for final hearing as per its turn. (Nivedita P. Mehta, J.) (Anil L. Pansare, J.) adgokar Signed by: MR. P.M. ADGOKAR Designation: PS To Honourable Judge Date: 29/01/2026 15:03:57