104.APPA.683.2026 1/3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPA) NO. 683 OF 2026 IN CRIMINAL APPEAL ST. NO. 9555 OF 2026 Badal @ Hussain S/o. Raju Kumare 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. P.S. Agrawal, Advocate for the Applicant/Appellant. Mr. A.A. Madiwale, APP for the Respondent/State. ------------------------------- CORAM : URMILA JOSHI-PHALKE AND R AJ D. WAKODE , JJ. DATE : 04.09.2026 Heard the learned counsel for the applicant and the learned APP for the State. 2. This is an application seeking condonation of delay of 398 days in filing the present criminal appeal against conviction. 3. Learned counsel for the applicant submits that the applicant is in jail since the date of his arrest following registration of the FIR. He remained in custody throughout the trial and, after his conviction, continues to remain in jail. Thus, his movement is restricted. It is further submitted that the only person in his family who could have taken steps to prosecute the appeal on his behalf is his aged mother. Being poor and illiterate, she was not aware of the legal remedies available to the applicant and was also not in a position to approach a 2026:BHC-NAG:11757-DB 104.APPA.683.2026 2/3 counsel for filing the appeal. It is submitted that subsequently, the applicant was released on parole and, after his release, he contacted the present counsel and handed over the relevant papers, whereupon the present appeal came to be filed. 4. Learned APP for the respondent/State opposes the application, contending that the delay is of more than one year and has not been properly explained. 5. Having considered the reasons set out in the application, we are of the considered opinion that the applicant has made out sufficient cause for not approaching this Court within the prescribed period of limitation. The applicant is in jail since his arrest and his movement is, therefore, restricted. Further, there was no one in his family, except his old aged mother, to take necessary steps for prosecuting the appeal on his behalf. 6. The applicant has specifically stated on oath in paragraph 2 of the application that his mother is poor and illiterate and was not in a position to arrange the requisite funds or approach a counsel for filing the present appeal. The explanation furnished by the applicant, therefore, appears to be bona fide and satisfactory. 7. In view of the above, the Criminal Application is allowed. The delay of 398 days in filing the Criminal Appeal is condoned. The Criminal Appeal be registered. 8. The Criminal Application is accordingly disposed of. 104.APPA.683.2026 3/3 CRIMINAL APPEAL ST. NO. 9555 OF 2026 9. Heard. 10. ADMIT. 11. Learned APP waives notice for the respondent/State. 12. Call for the record and proceedings. 13. The appeal be listed for final hearing once the record and proceedings is received and paper book is prepared. CRIMINAL APPLICATION (APPA) ST. NO.9557 OF 2026 14. Heard the learned counsel for the petitioner. 15. This is an application for suspension of sentence. 16. Issue notice to the respondent, returnable on 24th September, 2026. 17. Learned APP waives service of notice on behalf of the respondent/State. (RAJ D. WAKODE, J.) (URMILA JOSHI-PHALKE, J.) Vijaykumar Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 05/09/2026 11:36:56