1 of 3 25-IA-1300-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1300 OF 2026 IN CRIMINAL APPLICATION (ST) NO 7794 OF 2026 (FOR LEAVE TO FILE APPEAL) The State of Maharashtra … Applicant Versus Ankush Divendu Das Gupta And Anr. ... Respondents __________ Ms. Supriya Kak, APP for Applicant. Mr. Manoj Kumar K. Dhall (appointed Advocate) for Respondent No. 1. Mr. Drupad S. Patil, (appointed Advocate) for Respondent No. 2. __________ CORAM : SARANG V. KOTWAL & RANJITSINHA RAJA BHONSALE, JJ. DATE : 5th OCTOBER 2026 PC : 1) This is an application for condonation of delay filed by the State against Judgment and Order of acquittal dated 3rd September 2025 passed by the Additional Sessions Judge, Borivali (Division), Dindoshi, Goregaon, Mumbai in Special Case No. 134 of 2019, punishable under Section 363, 376(2)(i) of IPC read with Sections 4, 8, 12 of the POCSO Act, 2012. The delay is for a period Sagar Magar 2 of 3 25-IA-1300-2026 of 17 days. 2) Learned counsel for Respondent No. 1 opposed the delay on the ground that the delay had occurred at the instance of the Investigating Authorities and that they have not been diligent in pursuing the matter. 3) We have considered the submissions made by the Parties. Considering the reasons mentioned in paragraphs 2 and 3 of the Application, we are of the opinion that the delay is not intentional nor is the delay inordinate. Considering the procedural aspect, administrative work and the work pressure of the prosecuting agency, the delay ought to be condoned. 4) Hence the following Orders:- i) The delay of 17 days in filing the Application for leave to appeal against the Judgment and Order dated 3rd September 2025 passed by the learned Additional Sessions Judge, Borivali (Division), Dindoshi, Goregaon, Mumbai in Special Case No. 134 of 2019 is 3 of 3 25-IA-1300-2026 condoned. ii) The application for leave to Appeal be processed further. (RANJITSINHA RAJA BHONSALE, J.) (SARANG V. KOTWAL, J.) SAGAR SANTOSH MAGAR Digitally signed by SAGAR SANTOSH MAGAR Date: 2026.10.07 19:12:10 +0530