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2026 DAILYLAW 11086 (BOM)

VIKRAM BABASO SUTAR v. THE STATE OF MAHARASHTRA AND OTHERS

IA/310/2026 · 2026-09-23

Criminal Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

70.IA-310-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 310 OF 2026 IN CRIMINAL APPEAL (ST) NO. 1714 OF 2026 Vikram Babaso Sutar ...Applicant Versus The State of Maharashtra And Others ...Respondents _______________________________________________________________ Mr. Amit Waykool, Advocate for the Applicant. Mr. S. H. Yadav, APP for the Respondent Nos. 1 and 2. Ms. Sampada Patil, Advocate for the Respondent No. 3 (Appointed through legal aid) _______________________________________________________________ CORAM : ASHWIN D. BHOBE, J. DATE : 23rd September, 2026. P.C. : 1. This proceeding is recorded in accordance with the decision of this Court in Hema Suresh Ahuja & Ors v. State of Maharashtra & Anr1 as the subject matter pertains to an offence under the SC/ST Act. 2. This Application is listed at Serial No. 70 of the “Daily Causelist”. At 10:30 am, Mr. Amit Waykool, learned Advocate for the Applicant requested for taking up this Application out of turn, as he has instructions from the Applicant to withdraw this Interim Application and the accompanying Appeal. At his request and with consent of Mr. S. 1 (2024) SCC OnLine Bom 784 Arjun 1 70.IA-310-2026.doc H. Yadav, learned APP and Ms. Sampada Patil, learned Advocate for the Respondent No. 3, this Application was taken up out of turn. 3. By the present Application, the Applicant is seeking condonation of delay of 299 days in filing the Criminal Appeal against the Judgment and Order dated 29.03.2025, passed by the Special Judge, Kolhapur at Exhibit – 12, in Special Case No. 307 of 2023. 4. Mr. Amit Waykool, learned Advocate for the Applicant states that the delay of 299 days occasioned on account of the Applicant being in jail and not availing his remedies in time due to his incarceration. 5. The statement made by Mr. Amit Waykool, learned Advocate for the Applicant, of the Applicant being in jail even as on date, is not contested by Mr. S. H. Yadav, learned APP for the Respondent – State and Ms. Sampada Patil, learned Advocate for the Respondent No. 3. 6. In view of the statements made by Mr. Amit Waykool, learned Advocate for the Applicant and the averments made in this Application, this Application is allowed. Consequently, the delay of 299 days in filing Criminal Appeal against Judgment and Order dated 29.03.2025 is condoned. Arjun 2 70.IA-310-2026.doc 7. Registry is directed to register Criminal Appeal (ST) No. 1714 of 2026. 8. The High Court Legal Services Committee, Mumbai, Circuit Bench at Kolhapur, shall quantify and pay the legal fees payable under the Legal Aid Scheme to Advocate Ms. Sampada Patil, who has appeared and represented the Respondent No. 3 in this Application. 9. Interim Application No. 310 of 2026 is disposed of. (ASHWIN D. BHOBE, J.) Arjun 3 ARJUN KRISHNA RODGE Digitally signed by ARJUN KRISHNA RODGE Date: 2026.09.24 19:53:43 +0530