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2026 DAILYLAW 3388 (BOM)

RAJKUMAR @ RAJ S/O ANAND PARATE v. THE STATE OF MAHARASHTRA, THR, PSO, YASHODHARA NAGAR, PS, YASHODHARA, NAGAR, NAGPUR.

APPA/569/2026 · 2026-08-24

Criminal Appealbody2026

Judgment text

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1 APPA569-26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPA) NO.569/2026 IN CRI.APPEAL ST. NO.8220/2026 (RAJKUMAR @ RAJ ANAND PARATE (IN JAIL) VERSUS STATE OF MAHARASHTRA, THR. PSO PS YASHODHARA NAGAR, NAGPUR) Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders. Shri A.P. Lingayat, counsel for the applicant. Shri A.A. Madiwale, Additional Public Prosecutor for the respondent. CORAM : URMILA JOSHI-PHALKE AND RAJ D. WAKODE , JJ. D ATE : AUGUST 24 , 2026 . P. C. Heard the learned counsel for the parties. 2. The present application is for the condonation of delay of 377 days in filing the criminal appeal. The aforesaid appeal is against conviction. 3. The learned counsel for the applicant submits that since the applicant is behind the bars since 21.05.2021, his movements are restricted. Further, the applicant belongs to a poor family and his financial condition is weak and therefore the delay occurred in preferring the appeal is bonafide and unintentional. 4. The learned Additional Public Prosecutor submits that the delay is of more than one year and hence the delay is substantial and no proper reasons are given for condoning the same. 5. After having heard the learned counsel for the parties, we are of the considered opinion that the applicant is in jail since 21.05.2021 i.e. from the date of his arrest on registration of the offence and therefore he could not have given instructions to his counsel to file the present appeal. Furthermore, since the applicant belongs to a poor family, his relatives could not immediately approach the counsel for filing the appeal. The applicant has shown sufficient cause for condoning the delay of 377 days caused in preferring the instant appeal. 2026:BHC-NAG:11050-DB 2 APPA569-26.odt 6. Accordingly, the delay of 377 days occurred in preferring the instant appeal is condoned. The criminal application is disposed of. CRIMINAL APPEAL STAMP NO. 8220/2026. Since the delay in filing the criminal appeal is condoned, the Registry is directed to register the present criminal appeal. Once the appeal is registered, ADMIT. 2. Learned Additional Public Prosecutor Shri A.A. Madiwale waives service of notice for the resondent. 3. Call for Record & Proceedings. 4. The Registry is directed to list the present criminal appeal once the Record & Proceedings are received and Paper Book is prepared. CRIMINAL APPLICATION STAMP NO. 8223/2026. Heard Shri A.P. Lingayat, learned counsel for the applicant. 2. Issue notice to the non-applicant returnable on 07.09.2026. 3. Learned Additional Public Prosecutor Shri A.A. Madiwale waives service of notice for the non-applicant. (RAJ D. WAKODE, J.) (URMILA JOSHI-PHALKE, J.) APTE Signed by: Apte Designation: Senior Pvt. Secretary Date: 25/08/2026 10:44:15