The High Court of Bombay (Criminal Appellate Jurisdiction) granted an interim application for condonation of delay of five days in preferring a criminal appeal, finding sufficient cause based on the withdrawal of a prior bail application.
Delay of 5 days in filing criminal appeal was condoned and application was allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
H. C. Shiv 30.ia356.24.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.356 OF 2024
IN
CRIMINAL APPEAL STAMP NO.2138 OF 2024
Faiz Shakeel Bhiwandiwala .. Appellant
vs.
The State of Maharashtra .. Respondent
Mr. Vivek B. Pandey with Shyam K. Tripathi for the Appellant.
Mrs. A.A. Takalkar APP for the Respondent-State.
Mr. Satish Gadhave, ACP, Kalachowky. Mumbai present.
CORAM: A. S. GADKARI AND
SHYAM C. CHANDAK, JJ.
DATE : 15th FEBRUARY, 2024
P. C.:-
1)This is an Application for condonation of delay of 5 days
(sic 173 days) in preferring the present Appeal.
2)Mr. Pandey, learned Advocate for the Applicant submitted that,
though in the Application the delay of 173 days in filing present Appeal is
mentioned, as a matter of fact the Applicant had impugned present Order
before the learned Single Judge being Bail Application No.2168 of 2023 on
25th July 2023 and the same was withdrawn with liberty to file present
Appeal on 9th January 2024. In the said process the delay of 168 days has
caused. He submitted that after taking benefit of Section 14 of the
1/2
Digitally signed by HEMANT CHANDERSEN SHIV Date: 2024.02.23 15:03:35 +0530
HEMANT CHANDERSEN SHIV
H. C. Shiv 30.ia356.24.doc
Limitation Act, the actual delay is of 5 days only.
3)Record indicates that the submissions of learned Advocate for
the Applicant are correct.
4)Perusal of the record indicates that sufficient cause is made out
for condonation of delay of said 5 days.
5)In view thereof the delay is condoned and Application is
allowed in terms of prayer Clauses (a) and (b).
(SHYAM C. CHANDAK,J.)
(A. S. GADKARI, J.)
2/2
1 issue framed by the court
Whether delay of 5 days in filing criminal appeal requires condonation of delay.
1 provisions across 1 enactments
Faiz Shakeel Bhiwandiwala
The State of Maharashtra
A. S. GADKARI
SHYAM C. CHANDAK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court