1 106 appa no.664.26.odt..odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION (APPA) NO.664 OF 2026 IN CRIMINAL APPEAL ST. NO. 8731 OF 2026 Rakesh Dattu Kale .Vs. State of Maharashtra thr. PSO, PS Kelapur District Yavatmal, __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. Mr Nikhil Lapalikar, Advocate (appointed) for the applicant/appellant. Mrs N.R. Tripathi, APP for the respondent/State. CORAM : URMILA JOSHI PHALKE AND RAJ D. WAKODE, JJ. DATED : 31 st AUGUST , 2026 . Heard Mr. Nikhil Lapalikar, learned counsel for the applicant. 2. The present application has been filed on behalf of the applicant/appellant praying for condoning the delay of 186 days in filing present criminal appeal. 3. Learned counsel for the applicant submits that since the date of arrest, applicant is in jail and was behind the bar through out trial. Even after conviction the applicant is in jail till today. Considering the crime committed by the applicant, there is nobody in the family to pursue the appeal on behalf of the applicant. Accordingly, the legal aid has been provided to the applicant. 4. As such there is a delay of 186 days in filing criminal appeal, hence the aforesaid delay is completely bonafide and unintentional. 2 106 appa no.664.26.odt..odt 5. Learned APP appearing for the State opposed the aforesaid criminal application. 6. However, in our considered opinion, considering the fact that applicant is in jail and his movement is restricted and there was nobody in his family to pursue the remedy of appeal on behalf of the appellant, rejecting the application for condonation of delay, would deprive the present applicant of his right of appeal. 7. In view of above, we condone the delay of 186 days in filing the present appeal. 8. Criminal Application is disposed of. CRIMINAL APPEAL ST. NO.8731 OF 2026 9. Since the delay of 186 days in filing the present appeal is already condoned by this Court vide order dated 31.08.2026, the Registry is directed to process and register the criminal appeal. 10. Once Criminal Appeal is registered, ADMIT. 11. Learned APP waives service of notice for the respondent/State. 12. Call R. and P. 13. Registry is directed to list the appeal for final hearing once the paper book is prepared. [RAJ D. WAKODE, J] [URMILA JOSHI PHALKE, J.] manisha Signed by: Mrs. Manisha Shewale Designation: PA To Honourable Judge Date: 02/09/2026 10:45:08