Bhaskar M Bhandarkar vs the State of Maharashtra and Anr. — Bombay HC (2026) — LawSathi Research

Bhaskar M Bhandarkar vs the State of Maharashtra and Anr. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Condonation of delay in filing Interim Application No.837 of 2025 and recall of the order dated 06 October 2022 dismissing Criminal Application No.245 of 2020, subject to payment of Rs.15,000/- as costs to Respondent No.2 within two weeks (payment being a condition precedent); compliance affidavit with proof of payment to be filed in the Registry on or before 16 March 2026.

Issue for consideration

Whether the delay in filing Interim Application No.837 of 2025 should be condoned. +1 more

Court's answer

The application for condonation of delay in filing Interim Application No.837 of 2025 is allowed, neither Respondent No.2 nor the State having objected.

Ratio / Principle

The application for recall of the order dated 06 October 2022 dismissing Criminal Application No.245 of 2020 is allowed, subject to payment of costs of Rs.15,000/- to Respondent No.2 within two weeks; payment of costs is a condition precedent.

Detailed headnote1 paragraphs

Bombay High Court (Ashwin D. Bhobe, J.), by order dated 18 February 2026, allowed condonation of delay in filing Interim Application No.837 of 2025 and recalled its earlier order dated 06/10/2022 by which Criminal Application No.245 of 2020 had been dismissed. The dismissal had occurred because, on account of a lapse in the office of the Applicant's Advocate, the spare copy was not supplied to the Registry within time. Respondent No.2 (PSI Jadhav, CBD Police Station), present in Court through counsel Mr. Mahesh D Pol, did not oppose condonation or recall but insisted on costs; the learned APP for the State also raised no objection. Recall was granted subject to payment of costs of Rs.15,000/- to Respondent No.2 within two weeks, payment being a condition precedent; the Applicant's Advocate stated that a compliance affidavit with proof of payment would be filed on or before 16 March 2026. Respondent No.2's counsel waived service of notice in Criminal Application No.245 of 2020. Both Interim Applications Nos.837 of 2025 and 835 of 2025 were disposed of.

Digitally signed by LAXMIKANT LAXMIKANT GOPAL CHANDAN GOPAL Date: CHANDAN 2026.02.23 10:11:27 +0530

(38) IA-837.25&835.25.DOCX

lgc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

INTERIM APPLICATION NO.837 OF 2025

IN CRIMINAL APPLICATION NO.245 OF 2020 WITH INTERIM APPLICATION NO.835 OF 2025 IN INTERIM APPLICATION NO.837 OF 2025 IN CRIMINAL APPLICATION NO.245 OF 2020

Bhaskar M Bhandarkar : Applicant. Versus State of Maharashtra and anr. : Respondents.

Ms.Swarali Joglekar for the Applicant. Ms. Shilpa G Talhar, APP for the Respondent/State. Mr. Mahesh D Pol, for the Respondent No.2 PSI Jadhav CBD Police Station

CORAM : ASHWIN D. BHOBE, J. DATED : 18 FEBRUARY 2026

PC:-

By Interim Application No.837 of 2025 the Applicant is seeking recall of the order dated 06/10/2022 by which Criminal Application No.245 of 2020 came to be dismissed, and by Interim Application No.835 of 2025, the Applicant is seeking condonation of delay in filing the Interim Application No.837 of 2025.

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(38) IA-837.25&835.25.DOCX

Ms. Swarali Joglekar, learned Advocate for the Applicant submits that on account of some lapse on the part of the office of the Advocate, the spare copy remained to be supplied in the Registry of this Court within time. She submits that the default resulted in dismissal of the Criminal Application.

Mr. Mahesh Pol, on instructions from Respondent No.2, who is present in Court, states that in view of the submissions made by Ms. Swarali Joglekar, learned Advocate for the Applicant, the Respondent No.2 does not object to the condonation of delay as well as for recall of the order dated 06 October 2022. He however insists for costs.

Ms. Shilpa Talhar, learned APP for the Respondent/State does not object to the request made by Ms. Swarali Joglekar

Considering the statements in the Applications and the submissions of Ms. Swarali Joglekar, learned Advocate for the Applicant, the Application for condonation of delay is allowed. For the same reasons, the Application for recall of the order of dismissal dated 06 October 2022 is allowed subject to payment of costs of Rs.15,000/- to the Respondent No.2, to be paid within a period of two weeks from today. Payment of costs is a condition precedent.

Mr. Mahesh Pol, learned Advocate for Respondent No.2, states that he waives service of notice in Criminal Application No. 245 of 2020.

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(38) IA-837.25&835.25.DOCX

Mr. Swarali Joglekar, learned Advocate for the Applicant states that compliance affidavit with proof of payment of Rs.15,000/- would be filed in the Registry of this Court on or before 16 March 2026.

Interim Application Nos.837 of 2025 and 835 of 2025 are disposed of.

(ASHWIN D. BHOBE, J.)

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