Rahul @ Pintu S/O Bhimraoji Lambghare Vs State of Maharashtra Thr Pso. Ps. Katol, Nagpur — Bombay HC (2025) — LawSathi Research

Rahul @ Pintu S/O Bhimraoji Lambghare Vs State of Maharashtra Thr Pso. Ps. Katol, Nagpur — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 316 days in filing the criminal appeal condoned; Criminal Appeal Stamp No. 1903 of 2025 admitted and record and proceedings called for with directions to verify the paper-book and list the appeal for final disposal; the application for suspension of sentence/release on bail was disposed of as not pressed.

Issue for consideration

Whether the sentence of the applicant should be suspended and the applicant released on bail. +1 more

Court's answer

The delay of 316 days in filing the criminal appeal is condoned: the applicant has been behind bars since 2017, has only an old-aged mother, and there was nobody to look after his defence; the delay therefore reflects sufficient and reasonable cause and is reasonable and justifiable, notwithstanding the learned APP's contention that the delay was not properly explained.

Ratio / Principle

Criminal Appeal Stamp No. 1903 of 2025 is admitted; record and proceedings are called for; the office shall verify the paper-book against the original record and proceedings and thereafter the appeal is to be listed for final disposal; the learned APP waived service of notice for the respondent/State.

Key takeaways

On hearing counsel partly and going through the evidence on record, the Court showed disinclination to suspend the sentence; the applicant's counsel thereupon sought permission not to press the suspension-of-sentence/bail application, which was disposed of as not pressed. No reasoned determination on suspension of sentence was made.¶12

Detailed headnote1 paragraphs

Bombay High Court, Nagpur Bench (Urmila Joshi-Phalke, J.) | Decision dated 17/03/2025 | Neutral citation printed: 2025:BHC-NAG:2896 | Rahul @ Pintu s/o Bhimraoji Lambghare v. State of Maharashtra | Criminal Application (APPA) Stamp No. 1906 of 2025 in Criminal Application (APPA) No. 257 of 2025 in Criminal Appeal Stamp No. 1903 of 2025. Three connected orders passed the same day: (i) The application for suspension of sentence and release on bail was not pressed after the Court recorded its disinclination to suspend the sentence, and stood disposed of as not pressed; no reasoned finding was given on suspension. (ii) The condonation-of-delay application was allowed: the applicant, in custody since 2017 and having only his old aged mother with nobody to look after his defence, was held to have sufficient and reasonable cause; the delay of 316 days in filing the appeal was held reasonable and justifiable and condoned, over the learned APP's objection that the delay was not properly explained. (iii) The criminal appeal was admitted; record and proceedings called for; office directed to verify the paper-book from the original record and proceedings and list the appeal for final disposal after verification; the learned APP waived notice for the respondent/State. No statutory provision or precedent is cited in the extract, and no particulars of the underlying conviction are stated.

62appa257.2025.odt

1

2025:BHC-NAG:2896

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

CRIMINAL APPLICATION (APPA) STAMP NO. 1906 OF 2025 IN CRIMINAL APPLICATION (APPA) NO. 257 OF 2025 IN CRIMINAL APPEAL STAMP NO. 1903 OF 2025

Rahul @ Pintu s/o Bhimraoji Lambghare Vs State of Maharashtra

Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order

Mr. Saurabh Yerawar, counsel for applicant. Mr. C.A. Lokhande, APP for non-applicant/State.

CORAM : URMILA JOSHI-PHALKE, J. DATED : 17/03/2025.

Application for seeking suspension of sentence and releasing the applicant on bail.

After hearing learned counsel for the applicant to some extent and after going through the evidence on record, I have shown my disinclination to suspend the sentence, learned counsel for applicant seeks permission to not press the application.

The criminal application is disposed of as not press.

CRIMINAL APPLICATION (APPA)No. 257/2025

This is an application for condonation of delay on the ground that the applicant is behind bar and there is nobody to arrange for his defence and therefore, he could not approach the counsel and prefer an appeal within time.

Thus, there is sufficient and reasonable cause for condonation of delay.

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62appa257.2025.odt

Learned APP strongly opposed for the said application on the ground that delay is not properly explained.

After hearing both sides and on perusal of the application, it appears that applicant is behind bar since 2017, he is only having old aged mother, and there was nobody to look after for his defence. Therefore, delay of 316 days is caused which appears to be reasonable and justifiable one. In view of that, I proceed to pass the following order.

a] The delay of 316 days in filing the appeal is condoned.

b] The criminal application is disposed of.

CRIMINAL APPEAL STAMP NO. 1903 OF 2025

Heard.

Admit.

Call for record and proceedings.

Learned APP waives service of notice on behalf of respondent/State.

The office shall verify the paper-book from the original record and proceedings, and after verification, appeal be listed for final disposal.

[ URMILA JOSHI-PHALKE, J.]

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