1 105 appa 662.26.odt..odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION (APPA) NO.662 OF 2026 IN CRIMINAL APPEAL ST. NO.9386 OF 2026 Ajay Yashwant Bokade .Vs. State of Maharashtra thr. PSO, PS Wathoda, Nagpur __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. Mr Adwait Manohar, Advocate 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. Adwait Manohar, learned counsel for the applicant. 2. The present application has been filed on behalf of the applicant/appellant praying for condoning the delay of 115 days in filing present criminal appeal. 3. Learned counsel for the applicant submits that the applicant was in jail through out the trial and hence the movement of the applicant was restricted. The applicant was released on parole on 06.07.2026 and after being released on parole the applicant had engaged the counsel, collected the papers and accordingly, the present appeal was filed. 2 105 appa 662.26.odt..odt 4. In view of above, the delay of 115 days caused in filing criminal appeal is bonafide and unintentional. Hence, deserves to be condoned. 5. Learned APP appearing for the State opposed the aforesaid criminal application contending that delay of more than 115 days is not properly explained by the applicant. 6. In our considered opinion, since applicant was in jail through out trial and even after conviction and thus, his movement was restricted and there was nobody in his family having the understanding of the facts, to pursue the appeal, the present appeal could not be filed till present applicant was released on parole. The rejection of such condonation of delay, would deprive the present applicant of his right of appeal and accordingly, we condone the delay of 115 days caused in filing the present appeal. Delay is condoned. 7. Criminal Application is disposed of. CRIMINAL APPEAL ST. NO.9386 OF 2026 8. Since the delay of 115 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. 9. Once Criminal Appeal is registered, ADMIT. 10. Learned counsel for the appellant submits that R. and P. of the learned Sessions Court is already received in 3 105 appa 662.26.odt..odt appeal preferred by the co-accused bearing Criminal Appeal No.322/2026. 11. In view of the above, Registry is directed to prepare the paper book in the present criminal appeal and list the same for final hearing once the paper book is prepared. CRIMINAL APPLICATION NO.9388/2026 12. Heard learned counsel for the applicant. 13. Issue notice to the respondent, returnable after two weeks. 14. Mrs. N.R. Tripathi, learned APP waives service of notice for respondent/State. [RAJ D. WAKODE, J] [URMILA JOSHI PHALKE, J.] manisha Signed by: Mrs. Manisha Shewale Designation: PA To Honourable Judge Date: 02/09/2026 10:43:36