Disposed¶18

Roshan S/O Ashok Wadhive v. State of Maharashtra Thr Pso., Parseoni Ps, Nagpur and Anr.

Bombay HC9 Jun 2026APPA/379/2026

Case brief

AI extract

What is this about?

Condonation of delay; criminal appeal against conviction; Special Criminal Case No. 82/2023; Additional Sessions Judge, Nagpur; indigent applicant; financial constraints; inability to engage counsel; right to prefer appeal; Parseoni Police Station; Bombay High Court Nagpur Bench; APPA 379/2026; Criminal Appeal Stamp No.5533 of 2026; decision dated 09/06/2026.

What did the court decide?

Delay in preferring the appeal against conviction condoned; application disposed of; Criminal Appeal Stamp No.5533 of 2026 directed to be registered, learned APP waives notice for State, matter stood over to 30.06.2026. ¶18

Roshan S/O Ashok Wadhive vs State of Maharashtra Thr Pso., Parseoni Ps, Nagpur and Anr. — Bombay HC (2026) — LawSathi Research

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2026:BHC-NAG:7522-DB

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(1) 44.appa.379.2026

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

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CRIMINAL APPLICATION (APPA) NO.379 OF 2026 IN

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CRIMINAL APPEAL STAMP NO.5533 OF 2026

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Roshan s/o Ashok Wadhive

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Vs.

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State of Maharashtra, through Police Station Officer, Parseoni Police Station, Nagpur and another

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Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

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Mr. Shivkumar Dwivedi, Advocate for applicant.

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Ms. N. R. Tripathi, APP for State.

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CORAM : URMILA JOSHI-PHALKE AND NIVEDITA P. MEHTA, JJ. DATED : 09/06/2026

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By this application, the applicant is seeking condontaion of delay which is caused in preferring the appeal against the conviction passed by the learned Additional Sessions Judge, Nagpur in Special Criminal Case No. 82/2023.

¶14

Heard learned counsel for the applicant, who submitted that the applicant has been in custody since 25.12.2022 and convicted on 07.03.2024. He is an indigent person coming from the lower strata of the society and due to financial constraints, he could not engage counsel to file the appeal, and therefore, the delay is caused.

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Learned APP strongly opposed the said contention and submitted that there is no sufficient and reasonable cause for condonation of delay. In view of that, the application deserves to be rejected.

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(2) 44.appa.379.2026

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On hearing both sides and on perusal of the application it reveals that due to the financial constraints, the applicant could not file an appeal. He has to challenge his conviction, and therefore, sufficient opportunity requires to be granted to him. If delay is not condoned, he would be deprived from his right to prefer an appeal. Considering the reason mentioned in the application, which appears to be reasonable and sufficient one. The delay caused in preferring the appeal is hereby condoned.

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The application is disposed of.

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CRIMINAL APPEAL STAMP NO.5533 OF 2026

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Appeal be registered. 2. On registration of the appeal, learned APP waives notice for State.

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Stand over to 30.06.2026.

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(NIVEDITA P. MEHTA, J) (URMILA JOSHI-PHALKE, J)

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Sarkate

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Signed by: Mr. A.R. Sarkate Designation: PA To Honourable Judge Date: 11/06/2026 10:36:30

Roshan S/O Ashok Wadhive v. State of Maharashtra Thr Pso., Parseoni Ps, Nagpur and Anr.

Case brief

What is this about?

What did the court decide?

Roshan S/O Ashok Wadhive v. State of Maharashtra Thr Pso., Parseoni Ps, Nagpur and Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

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Coram

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