Bhagwanta S/O Dhanraj Walke v. The State Of Maharashtra Thr Pso Ps Talegaon Sh.P. Dist Wardha

38-appa-206-26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO. 206 OF 2026 IN CRIMINAL APPEAL STAMP NO. 2816 OF 2026 Bhagwanta S/o Dhanraj Walke (in Jail)

Versus

The State of Maharashtra through Police Station Officer, Police Station Talegaon Sh.P. Dist. Wardha Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Ms. Poonam P. Moon, Advocate (Appointed) for the appellant. Shri S.S.Hulke, APP for the respondent/State. CORAM :

ANIL L. PANSARE & NIVEDITA P. MEHTA, JJ.

DATED : 16th MARCH, 2026.

The applicant-appellant has preferred the present Criminal Application seeking condonation of delay of 82 days in filing the appeal against the judgment and order dated 24.09.2025 passed by the learned Sessions Judge, Wardha in Sessions Case No. 2 of 2021, whereby the appellant has been convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for life and to pay a fine of 10,000/-, in default to ₹10,000/-, in default to suffer rigorous imprisonment for three months. 2.

Learned counsel for the applicant submits that on account of financial constraints and lack of awareness regarding the available legal remedies, the appeal could not be preferred within the prescribed period of limitation. It is submitted that the delay is neither intentional nor deliberate, and that no prejudice would be caused to the prosecution if the delay is condoned. SKNair

38-appa-206-26.odt 3.

Per contra, learned Additional Public Prosecutor opposes the application contending that no sufficient cause has been made out to justify the delay and, therefore, the application deserves to be rejected. 4.

Having considered the rival submissions and upon perusal of the material placed on record, we are satisfied that the applicant has shown sufficient cause for not preferring the appeal within the prescribed period. The right of appeal being a substantive statutory right, the matter deserves to be considered on merits rather than being dismissed on technical grounds of limitation. 5.

In view of the above, the delay of 82 days in filing the appeal is condoned. The Criminal Application is allowed and disposed of accordingly. Criminal Appeal Stamp No. 2816 of 2026 Heard.

2.

ADMIT.

3.

Shri S.S.Hulke, learned Additional Public Prosecutor waives service of notice on behalf of the respondent/State.

4.

Call for record and proceedings.

5.

List the criminal appeal as per its turn.

[JUDGE] [JUDGE] Signed by: Mr. S.K. NAIR Designation: PS To Honourable Judge Date: 16/03/2026 16:31:13 SKNair