13.appa.608.26 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application [APPA] No.608 of 2026 in Criminal Appeal St. No.8751 of 2026 Dhanraj Kashinath Pachare vs. State of Maharashtra, through Police Station Officer at Sawangi (Meghe), Tah. & Dist. Wardha =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mr. A.R. Fule, Advocate (Appointed) for the Applicant. Mrs. H.S. Dhande, A.P.P. for Non-Applicant No.1. CORAM : Y.G. KHOBRAGADE, J. DATE : 28 th AUGUST, 2 026. Heard the learned Counsel appearing for the applicant. 02. By the present application, the applicant-convict seeks condonation of delay of 521 days caused in lodging the appeal challenging the judgment and order dated 06/01/2025 passed by the learned Additional Sessions Judge, Wardha, in Sessions Case No.19/2023. 03. The prosecution has strongly opposed the application on the ground that the delay is neither bona fide nor sufficiently explained. 04. Needless to say, in the case of Rohit s/o Chandrakant Bhagat Vs. State of Maharashtra & Another, in Criminal Appeal St. No.8953 of 2023, decided on 10/11/2023, the Division Bench of this Court has observed that the child and the child's parents or guardian, etc., are not necessary parties to a criminal appeal arising from a conviction for offences punishable under the provisions of the Indian Penal Code or the POCSO Act. 2026:BHC-NAG:11354 13.appa.608.26 2/2 05. In the present case, however, the applicant has impleaded the victim as non-applicant No.2 to the application for condonation of delay. Though this Court, by order dated 14/08/2026, issued notice to the non- applicants, including the victim, as on today, no service report has been received by this Court. 06. Nonetheless, as the victim is not a necessary party and having regard to the explanation furnished by the applicant-convict for the delay, this Court is of the view that the delay of 521 days caused in lodging the appeal deserves to be condoned. 07. Accordingly, the application is hereby allowed. The delay of 521 days caused in lodging the appeal is hereby condoned. Office to register the appeal and the application for suspension of sentence, and place the same before this Court on 9th September, 2026. JUDGE *sandesh Signed by: Mr. Sandesh Waghmare Designation: PS To Honourable Judge Date: 31/08/2026 11:21:39