(1) 149.appa.787.2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO.787 OF 2026 IN CRIMINAL APPEAL STAMP NO.10846 OF 2026 Dilip Nathuji Shende Vs. State of Maharashtra, through Police Station Officer, Police Station Narkhed, Nagpur and another -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. Shubham S. Shukla, Advocate h/f Mr. Shivkumar Dwivedi, Advocate with Mr. Shashank Kotangale, Advocate for applicant. Mr. A. A. Madiwale, APP for State. CORAM : URMILA JOSHI-PHALKE AND RAJ D. WAKODE, JJ. DATED : 07/10/2026 1. Heard Mr. Shubham S. Shukla, learned counsel h/f Mr. Shivkumar Dwivedi, learned counsel for the applicant. 2. The present application is for condonation of delay of 193 days in filing in the present criminal appeal. 3. The learned counsel for the applicant submits that the applicant is in custody since 16.12.2017 and has been prosecuted as under trial prisoner. The applicant was convicted on 21.01.2026. In view of the above, the movement of the applicant is restricted. Further, the applicant is an indigent person belonging to a lower socio-economic strata and is having no means of income. Further, the applicant’s family members did not prosecute the aforesaid remedy of filing the appeal and it is only because of the pro bono legal services provided by the present counsel that the present appeal could 2026:BHC-NAG:13592-DB (2) 149.appa.787.2026 be filed. As such, the delay is bona fide and unintentional. We are of the considered opinion that the applicant has made out a sufficient cause for condonation of delay of 193 days in filing the appeal. We are also aware of the fact that the applicant cannot be deprived of his rights of appeal against conviction on such technical grounds. 4. In view of the above, the criminal application is allowed. 5. Delay of 193 days in filing the present appeal is condoned. 6. Criminal application is accordingly, disposed of. CRIMINAL APPEAL STAMP NO.10846 OF 2026 1. Since the delay in filing the present appeal is condoned, the Registry is directed to process and register the aforesaid criminal appeal. 2. Heard. 3. Admit. 4. Call R & P. 5. Mr. Madiwale, learned APP waives notice on behalf of respondent No.1 – State. 6. Issue notice to the respondent No.2 victim, returnable on 26.11.2026. 7. Once the R & P is received and paper book is prepared, the Registry is directed to list the present criminal appeal for final hearing. (RAJ D. WAKODE, J) (URMILA JOSHI-PHALKE, J) Sarkate Signed by: Mr. A.R. Sarkate Designation: PA To Honourable Judge Date: 09/10/2026 22:24:03