The State Of Maharashtra v. Vivek Vijay Gudekar And ANR

Digitally signed by RUPALI RAJESH WAKODIKAR Date:

2026.06.11 00:19:23 +0530 RUPALI RAJESH WAKODIKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 530 OF 2026 IN CRIMINAL APPLICATION (ST) NO. 1937 OF 2026 (FOR LEAVE TO FILE APPEAL) The State of Maharashtra ...Applicant-State

Versus

Vivek Vijay Gudekar & Ors.

...Respondents

Ms. Kranti Hiwrale, APP for the Applicant-State. Mr. Tanmay Kate i/b Mr. Vipul Dushing for the Respondent No.1. CORAM : SARANG V. KOTWAL & ASHISH S. CHAVAN, JJ.

DATE : 9 th JUNE, 2026 P.C. :

1.

This is an application for condonation of delay of 69 days filed by the State in Criminal Application (ST) No. 1937 of 2026, which is for leave to file appeal arising out of Special Case No. 137 of 2023 before the learned Additional Sessions Judge, Borivali (Div), Dindoshi, Goregaon, Mumbai.

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2.

A perusal of the application for delay condonation reveals that the delay of 69 days was largely due to the fact that the papers were scrutinized by the Law and Judiciary Department and relevant permissions were obtained thereafter and received by the office of the Public Prosecutor on 15th September, 2025. It is pleaded that the delay is neither intentional nor deliberate.

3.

On behalf of the respondent No.1, it is submitted that the delay ought not to be condoned since the application does not make out the case for condonation of delay.

4.

A perusal of the application, more particularly, para 2 makes out good and sufficient cause for condonation of delay which in our opinion is neither intentional nor deliberate. In these circumstances, the delay requires to be condoned. 2/3

5.

The delay of 69 days caused in filing the aforesaid criminal application for leave to file appeal stands condoned. 6.

The interim application is accordingly disposed of. ASHISH S. CHAVAN, J.

SARANG V. KOTWAL, J.

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