Dipak Bhagwanji Durge v. State of Maharashtra Thr Pso Ps Kharangana Tah and Dist Wardha and Anr.
Condonation of delay – 383 days' delay in preferring Criminal Appeal ST No.4648/2026 – application allowed taking a lenient view
Case brief
What is this about?
Criminal Application APPA No.324/2026, Bombay High Court Nagpur Bench, decided 28/04/2026 by Urmila Joshi-Phalke and Nivedita P. Mehta, JJ. Dipak s/o Bhagwanji Durge sought condonation of 383 days' delay in filing Criminal Appeal ST No.4648/2026 against the State of Maharashtra (through PSO, PS Kharangana, Tahsil District Wardha) and another. Ground: poor financial condition, wife and children, inability to approach counsel. Court held the reasons sufficient and reasonable and, considering the statutory right of the appellant, took a lenient view and allowed the application; delay condoned; appeal to be registered; notice to respondent No.2. Counsel: Mrs. N.P. Dhoke for applicant; Mrs. Nandita Tripathi, Addl.P.P. for the State. No statutes or precedents cited.
What did the court decide?
Delay of 383 days in preferring the appeal condoned; application allowed; Office directed to register the appeal; notice to be issued to respondent No.2, with the police station officer to ensure service; matter stood over after vacations.