Mahesh Ramdas Waghmare v. State Of Maharastra Thr Pso Ps Shendurjana Ghat, Tq Warud Dsit Amravati
2026:BHC-NAG:6334 1 13-appa-95-26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION NO. 95 OF 2026 IN CRIMINAL APPEAL (ST) NO. 1235 OF 2026 Mahesh Ramdas Waghmare Vs.
State of Maharashtra and another ------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------ Shri Sumit B. Gandhe, Advocate for applicant. Shri G. S. Umale, APP for non-applicant no. 1/State. Shri Usaiduddin E. Quazi, Advocate for non-applicant no. 2. CORAM :- Y. G. KHOBRAGADE, J.
DATED :- 23.04.2026 Heard Shri Gandhe, learned counsel appearing for the applicant, Shri Umale, learned APP appearing for the State and Shri Quazi, learned counsel appearing for non-applicant no. 2.
2.
Having heard the submissions canvassed on behalf of the respective parties, gone through the application for condonation of delay and the replies filed by the non-applicants.
3.
By the present application, the applicant/ inmate who is lodged in jail, prayed for condonation of delay of 161 days caused while lodging the appeal against the order dated 16.05.2025 passed in Bail Application No. 41/2025 by the learned District Judge-1 and ASJ, Warud in RR Jaiswal
2 13-appa-95-26.odt connection with Crime No.43/2024 registered with Police Station Shendurjanaghat for the offences punishable under Sections 376(D), 323 of the Indian Penal Code, Sections 3(1)(w)(i)(ii), 3(2)(v) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
4.
The contention of the applicant is that on 16.05.2025, the learned Additional Sessions Judge passed the impugned order however, he got knowledge about rejection of his bail application in the month of June-2025 and thereafter, he obtained legal advice and filed the present application.
5.
Though the prosecution and non-applicant no.
2 had filed reply and resisted the application, however nothing has been been brought on record to counter the submission that the present applicant got knowledge of passing of the order dated 16.05.2025 in the month of June-2025 and then he filed the present appeal. Hence, the submission made by the applicant appears to be bonafide and substantive.
6.
Accordingly, the application is hereby allowed and delay of 161 days while lodging the appeal is hereby condoned.
7.
The office to registered the appeal and place before this Court on 30.04.2026.
(Y. G. KHOBRAGADE, J.) Signed by: Mr. Rajnesh Jaiswal Designation: PA To Honourable Judge Date: 24/04/2026 10:31:03 RR Jaiswal