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2026 DAILYLAW 4513 (BOM)

FARDIN @ SHERKHAN MUJIB KHAN v. STATE OF MAHARASHTRA THR PSO., PS YASHODHARA NAGAR, NAGPUR

APPA/639/2026 · 2026-08-25

Criminal Appealbody2026

Judgment text

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104.APPA.639.2026 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPA) NO. 639 OF 2026 IN CRIMINAL APPEAL ST. NO. 9072 OF 2026 Fardin @ Sherkhan Mujib Khan Vs. State of Maharashtra ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, Appearances, Court's orders of directions Court's or Judge's order and Registrar's orders. Mr. Palash Jaiswal, Advocate h/f. Ms. Shubhangi A. Jadhao, Advocate for the Applicant/Appellant. Ms. S.S. Jachak, APP for the Respondent/State. ------------------------------- CORAM : URMILA JOSHI-PHALKE AND R AJ D. WAKODE , JJ. DATE : 25.08.2026 Heard the learned counsel for the applicant and the learned APP for the State. 2. This is an application for condonation of delay of 704 days in filing the present criminal appeal. Learned counsel for the applicant has invited our attention to the various grounds raised in the present application, thereby explaining the delay of 704 days in filing the present criminal appeal. Learned APP appearing for the State opposes the aforesaid application. 3. However, in our considered opinion, the grounds raised by the applicant for explaining the delay in filing the aforesaid criminal appeal make out sufficient cause for not approaching this Court at the earliest point of time, more particularly in view of the weak financial condition of the applicant and the fact 2026:BHC-NAG:11080-DB 104.APPA.639.2026 2/2 that the applicant is behind bars. In our opinion, refusal to condone the delay would deprive the applicant of an opportunity to have his appeal considered on merits. 4. For the reasons stated in the application, the application is allowed. The delay of 704 days in filing the present criminal appeal is condoned. The Criminal Appeal be registered. 5. The Criminal Application is accordingly disposed of. CRIMINAL APPEAL ST. NO. 9072 OF 2026 6. Heard. 7. ADMIT. 8. Learned APP waives notice for the respondent/State. 9. Call for the record and proceedings. 10. The appeal be listed for final hearing once the record and proceedings is received and paper book is prepared. (RAJ D. WAKODE, J.) (URMILA JOSHI-PHALKE, J.) Vijaykumar Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 25/08/2026 17:57:16