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2026 DAILYLAW 12311 (BOM)

SACHIN DHARMARAJ THORAT v. STATE OF MAHARASHTRA THR PSO., PS MANGRULPIR, TAH. MANGRULPIR DIST. WASHIM

APPA/750/2026 · 2026-09-28

Criminal Appealbody2026

Judgment text

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108.APPA.750.2026 1/3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPA) NO. 750 OF 2026 IN CRIMINAL APPEAL ST. NO. 10450 OF 2026 Sachin Dharmaraj Thorat Vs. State of Maharashtra ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, Appearances, Court's orders of directions Court's or Judge's order and Registrar's orders. Mr. Sameer S. Purwar, Advocate h/f. Mr. N.R. Tekade, Advocate for the Applicant/Appellant. Mr. S.V. Narale, APP for the Respondent/State. ------------------------------- CORAM : URMILA JOSHI-PHALKE AND R AJ D. WAKODE , JJ. DATE : 28.09.2026 Heard the learned counsel for the applicant and the learned APP for the State. 2. The present application seeks condonation of 81 days’ delay in filing the present criminal appeal under Section 374 of the Code of Criminal Procedure, challenging the impugned judgment and order dated 10.04.2022 passed by the learned Additional Sessions Judge, Mangrulpir, in Sessions Trial No. 70 of 2022, whereby the present appellant was convicted for the offence punishable under Section 302 of the Indian Penal Code, 1860. The applicant has been sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs.10,000/-. 3. Learned counsel for the applicant submits that the applicant is in custody since the date of his arrest, i.e. 13.05.2022. It is further submitted that the applicant belongs 2026:BHC-NAG:12841-DB 108.APPA.750.2026 2/3 to a poor family and was represented by a legal aid counsel during the course of the trial. 4. Learned counsel for the applicant invites our attention to paragraphs 2 and 3 of the application, wherein the applicant has stated on oath that he was not aware of the remedy available to him for challenging the impugned judgment and that he approached this Court by way of the present appeal upon becoming aware of such remedy. As such, it is submitted that the delay of 81 days in filing the present criminal appeal is bona fide and unintentional. 5. We are of the considered opinion that the applicant has made out sufficient cause for condonation of the delay of 81 days in filing the present criminal appeal, particularly in view of the fact that rejection of the present application would result in depriving the applicant of his statutory right of appeal to challenge his conviction. 6. In view of the above, the Criminal Application is allowed. The delay of 81 days in filing the Criminal Appeal is condoned. The Criminal Appeal be registered. 7. The Criminal Application is accordingly disposed of. CRIMINAL APPEAL ST. NO. 10450 OF 2026 8. Heard. 9. ADMIT. 10. Learned APP waives notice for the respondent/State. 108.APPA.750.2026 3/3 11. Call for the record and proceedings. 12. The appeal be listed for final hearing once the record and proceedings is received and paper book is prepared. (RAJ D. WAKODE, J.) (URMILA JOSHI-PHALKE, J.) Vijaykumar Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 29/09/2026 12:22:12