(1) 108.appa.769.2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO.769 OF 2026 IN CRIMINAL APPEAL STAMP NO.10499 OF 2026 Vaibhav Shilikram Karhale Vs. State of Maharashtra and Anr. -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. A. G. Hunge, Advocate (appointed) for applicant/appellant. Mr. S. V. Narale, APP for State. CORAM : URMILA JOSHI-PHALKE AND RAJ D. WAKODE, JJ. DATED : 09/10/2026 1. Heard Mr. Hunge, learned counsel appointed for the applicant/appellant. 2. The present application is for condonation of delay of 298 days in filing the present criminal appeal. 3. The criminal appeal challenges the impugned Judgment passed by the learned Sessions Court convicted the present applicant for the offences punishable under Sections 363, 366A, 376(2)(i)(n) of the Indian Penal Code, Sections 4, 5(l) and 6 of the Protection of Children from Sexual Offences Act, 2012 and Sections 3(1)(w)(i)(ii), 3(2)(v) and 3(2)(va) of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2026:BHC-NAG:13715-DB (2) 108.appa.769.2026 4. Learned counsel for the applicant submits that the applicant is in jail since the date of his arrest, after the registration of the offence. Thus, movement of the applicant was restricted. Further, he invites our attention to the paragraphs 3 and 4 of the aforesaid application, wherein it is submitted that the applicant belongs to a poor family and because of poverty and the restriction of his movement, he was incapacitated from engaging a private practitioner. It is the appointment of the counsel from Legal Aid by the High Court Legal Aid Services Sub-Committee, Nagpur, Bench Nagpur, that the present appeal could be filed and as such, there is a delay of 298 days in filing the present criminal appeal. 5. Mr. Narale, learned APP, who appears on behalf of respondent No.1, opposes the aforesaid application contending that the delay is of almost 300 days and hence, it needs to be properly explained. 6. We have considered the reasons as stated in the aforesaid application, and we are of the considered opinion that the applicant has made out a sufficient cause in filing the present criminal appeal. The applicant is in jail since the date of his arrest, after registration of offence, and hence, his movement is restricted. Apart from the above, the right of appeal against conviction cannot be denied to the applicant solely on the ground of technicality that there is a delay in filing the appeal. 7. In view of the above, the aforesaid delay of 298 days in filing the criminal appeal is condoned. 8. Criminal application is accordingly, disposed of. (3) 108.appa.769.2026 CRIMINAL APPEAL STAMP NO.10499 OF 2026 1. Since the delay in filing the aforesaid criminal appeal is already condoned, the Registry is directed to process and register the aforesaid criminal appeal. 2. Heard. 3. Admit, 4. Call R & P. 5. The Registry is directed to list the present criminal appeal for final hearing, once the R & P is received and paper book is prepared. CRIMINAL APPLICATION STAMP NO.10502 OF 2026 1. The present application is for suspension of sentence and grant of bail. 2. Heard Mr. Hunge, learned counsel for the applicant. 3. Issue notice to the respondents, returnable on 05.11.2026. 4. Mr. Narale, learned APP waives notice on behalf of respondent No.1. 5. The Registry to serve the respondent No.2 by usual mode. (RAJ D. WAKODE, J) (URMILA JOSHI-PHALKE, J) Sarkate Signed by: Mr. A.R. Sarkate Designation: PA To Honourable Judge Date: 13/10/2026 11:24:05