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2026 DAILYLAW 17894 (BOM)

BANDU S/O PANDURANG BHADKE v. STATE OF MAHARASHTRA, THR, PSO, PS, HINGANGHAT, TAH. HINGANGHAT, DIST. WARDHA.

APPA/780/2026 · 2026-10-12

Criminal Appealbody2026

Judgment text

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8.appa.780.26 1/3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application [APPA] No.780 of 2026 in Criminal Appeal St. No.10735 of 2026 Bandu s/o Pandurang Bhadke vs. State of Maharashtra, through Police Station Officer, P.S. Hinganghat, Dist. Wardha. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mrs. S.P. Dhotre, Advocate for the Applicant/Appellant. Mr. G.S. Umale, A.P.P. for the Non-Applicant/Respondent. CORAM : Y.G. KHOBRAGADE, J. DATE : 12 th OCTOBER, 2 026. Heard the learned Counsel appearing for the applicant. 02. By the present application, the applicant–convict seeks condonation of delay of 158 days caused while filing the appeal challenging the judgment and order dated 30/01/2026 passed by the learned Special/Additional Sessions Judge, Court No.2, Hinganghat, in Special Case No.12/2024. 03. Issue notice to the non-applicant, returnable forthwith. 04. The learned A.P.P. waives service of notice on behalf of the non-applicant/State. 05. The learned Counsel for the applicant submits that the applicant–accused is in custody since the date of his arrest, i.e. 05/01/2024 in connection with Crime No.16/2024 registered at Hinganghat Police Station for the offences punishable under Sections 376, 376(2)(f) and 376(2)(n) of the Indian Penal Code and Sections 4, 6 and 10 of the Protection of Children from Sexual Offences Act, 2012. On 30/01/2026, the learned trial Court convicted the applicant and 2026:BHC-NAG:13647 8.appa.780.26 2/3 sentenced him to undergo imprisonment for 20 years with fine. It is submitted that, for want of proper legal advice, the applicant could not file the appeal within the prescribed period. 06. Though the learned A.P.P. resisted the application, it appears that the applicant has made out sufficient ground for condonation of the delay. 07. In view of the above, I am of the view that the delay of 158 days caused in filing the appeal deserves to be condoned. 08. The application is allowed and disposed of accordingly. The delay of 158 days caused in filing the appeal is condoned. The office shall register the appeal. Criminal Appeal St. No.10735/2026: Heard the learned Counsel appearing for the appellant. 02. By the present appeal filed under Section 415(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the appellant/convict takes exception to the order dated 30/01/2026 passed by the learned Special Judge, Hinganghat, District Wardha, in Special Case No.12/2024, whereby the appellant was held guilty of the offences punishable under Sections 376(1), 376(2)(f) & (n) of the Indian Penal Code and Sections 4(1), 6(1) & 10(1) of the Protection of Children from Sexual Offences Act, 2012, and was sentenced to suffer maximum rigorous imprisonment for 20 years. 03. Admit. 04. Call for the record and proceedings. Criminal Application [APPA] St. No.10737/2026: Leave to implead the victim as non-applicant No.2 is granted. Necessary amendment be carried out within one week from today. 8.appa.780.26 3/3 02. By the present application, the applicant–convict seeks suspension of sentence and release on bail in connection with Crime No.16/2024, registered at Hinganghat Police Station, pursuant to the judgment and order dated 30/01/2026. 03. Issue notice to the non-applicants, returnable on 26th October, 2026. 04. The learned A.P.P. waives service of notice on behalf of non- applicant No.1/State. 05. The Police Inspector, Hinganghat Police Station, District Wardha, shall ensure service of notice upon non-applicant No.2 and submit a report in that regard. JUDGE *sandesh Signed by: Mr. Sandesh Waghmare Designation: PS To Honourable Judge Date: 12/10/2026 18:58:38