3677.26APPLN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 28 CRIMINAL APPLICATION NO.3677 OF 2026 IN CRIMINAL APPEAL STAMP NO.9955/2026 SITARAM BABURAO JAGTAP ALIAS BHAUSAHEB SALVE VERSUS THE STATE OF MAHARASHTRA ... Advocate for Applicant : Mr.A.S.Hazari APP for Respondent-State : Mrs.M.N.Ghanekar ... CORAM : SANDIPKUMAR C. MORE & VAISHALI PATIL-JADHAV,JJ. DATE : 28.09.2026 P.C. : 1] Heard. The applicant–accused is seeking condonation of delay of 3285 days in filing the Appeal against his conviction under the judgment and order dated 28.06.2017. 2] The learned APP strongly opposed the present application by placing reliance on the judgments of the Hon’ble Supreme Court in the case of State of M.P. Vs. Saleem alias Chamaru and another reported in [2005] 5 SCC 554 and in the case of Balesh Kumar Kuraiti Vs. State of Chhattisgarh reported in 2026 SCC OnLine SC 2026:BHC-AUG:44669-DB 3677.26APPLN 2 1562 and submitted that there is no scope for acquittal of the present applicant. 3] As against this, the learned counsel for the applicant-accused submits that the applicant–accused had in fact forwarded a communication to the Jail Authority for challenging his conviction and but somehow it could not be dealt with properly. 4] Be that as it may, since the applicant–accused is having statutory right of challenging his conviction, we deem it appropriate to condone delay. Accordingly, Criminal Application stands allowed in terms of prayer clauses-A and B. Criminal Application is disposed of. [VAISHALI PATIL-JADHAV] [SANDIPKUMAR C.MORE] JUDGE JUDGE DDC