1 106) APPA 783-26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APPA) NO. 783 OF 2026 (DELAY) IN CRIMINAL APPEAL (ST.) NO. 10804 OF 2026 VIJAY @ BHOLA S/O RAM BARKHAM VS STATE OF MAHARASHTRA THR PSO., PS WASHIM, DIST. WASHIM Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Shri S.S.Girhe, Advocate for appellant. Shri Amit Madiwale, APP for respondent/State. CORAM: URMILA JOSHI-PHALKE AND RAJ D. WAKODE, JJ. DATED : 06/10/2026. Heard Shri S.S.Girhe, the learned counsel for the applicant/appellant. 2. The present application is filed for condonation of delay of 271 days in filing the Criminal Appeal against conviction. 3. Shri Girhe, the learned counsel for the applicant/appellant submits that the applicant/appellant is in jail since the date of his arrest after the registration of offence. The applicant/appellant was prosecuted as an undertrial prisoner and was convicted and sentenced for life imprisonment for the offence punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, “POCSO Act”), so also convicted and sentenced for imprisonment for 5 years for the offence punishable under Section 363 of the Indian Penal Code. There is 2026:BHC-NAG:13390-DB 2 106) APPA 783-26.odt nobody in his family to prosecute the Appeal on behalf of the applicant/appellant. Since the applicant/appellant was in jail, his movement was restricted, and the Appeal could not be filed unless the matter was assigned to the counsel appointed by the NGO namely ‘Varhad’ for filing the Appeal. As such, the delay of 271 days is caused in filing the Criminal Appeal. 4. Shri Madiwale, the learned APP opposes the aforesaid application contending that the delay of more than 200 days has not been properly explained by the applicant/appellant. 5. We are of the considered opinion that the applicant/appellant is in jail since the date of his arrest and thus, his movement is restricted. Further, he has stated on oath that there is nobody in his family to prosecute the Appeal and hence, the Appeal could not be filed until it was assigned to the counsel appointed by the NGO namely ‘Varhad’. 6. In view of the above, we are of the considered opinion that the applicant/appellant has made out a sufficient cause for condonation of delay. It is also a fact that the applicant/appellant cannot be deprived of his right to file an Appeal against his conviction solely on the ground of a technicality i.e. the delay in filing the Appeal. 7. In view of the above, we allow the present Criminal Application and condone the delay of 271 days in 3 106) APPA 783-26.odt filing the Criminal Appeal. 8. Registry is directed to process and register the Criminal Appeal. 9. Accordingly, the Criminal Application stands disposed of. CRIMINAL APPEAL (ST.) NO . 10 804 OF 2026 10. Heard. 11. Admit. 12. Shri Madiwale, the learned APP waives for respondent/State. 13. Call for R and P. 14. List the present Criminal Appeal for final hearing once the R and P is received and paper book is prepared. ( RAJ D. WAKODE, J.) (URMILA JOSHI-PHALKE , J.) B.T.K. Signed by: Mr. B.T. Khapekar Designation: PA To Honourable Judge Date: 07/10/2026 19:27:39