Bombay High Court
APPA/787/2026 of DILIP NATHUJI SHENDE(IN JAIL). Vs STATE OF MAHARASHTRA THR POLICE STATION OFFICER on 7 October 2026
IN THE HIGH COURT OF
(1) 149.appa.787.2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APPA) NO.787 OF 2026
IN
CRIMINAL APPEAL STAMP NO.10846 OF 2026
Dilip Nathuji Shende
Vs.
State of Maharashtra, through Police Station Officer, Police Station Narkhed, Nagpur and another
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. Shubham S. Shukla, Advocate h/f Mr. Shivkumar Dwivedi, Advocate with Mr. Shashank Kotangale, Advocate for applicant.
Mr. A. A. Madiwale, APP for State.
CORAM : URMILA JOSHI-PHALKE AND
RAJ D. WAKODE, JJ.
DATED : 07/10/2026
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
1
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
1. Heard Mr. Shubham S. Shukla, learned counsel h/f Mr. Shivkumar Dwivedi, learned counsel for the applicant.
2. The present application is for condonation of delay of 193 days in filing in the present criminal appeal.
3. The learned counsel for the applicant submits that the applicant is in custody since 16.12.2017 and has been prosecuted as under trial prisoner. The applicant was convicted on 21.01.2026. In view of the above, the movement of the applicant is restricted. Further, the applicant is an indigent person belonging to a lower socio-economic strata and is having no means of income. Further, the applicant’s family members did not prosecute the aforesaid remedy of filing the appeal and it is only because of the pro bono legal services provided by the present counsel that the present appeal could 2026:BHC-NAG:13592-DB
(2) 149.appa.787.2026 be filed. As such, the delay is bona fide and unintentional. We are of the considered opinion that the applicant has made out a sufficient cause for condonation of delay of 193 days in filing the appeal. We are also aware of the fact that the applicant cannot be deprived of his rights of appeal against conviction on such technical grounds.
4. In view of the above, the criminal application is allowed.
5. Delay of 193 days in filing the present appeal is condoned.
6. Criminal application is accordingly, disposed of. CRIMINAL APPEAL STAMP NO.10846 OF 2026
1. Since the delay in filing the present appeal is condoned, the Registry is directed to process and register the aforesaid criminal appeal.
2. Heard.
3. Admit.
4. Call R & P.
5. Mr. Madiwale, learned APP waives notice on behalf of respondent No.1 – State.
6. Issue notice to the respondent No.2 victim, returnable on 26.11.2026.
7. Once the R & P is received and paper book is prepared, the Registry is directed to list the present criminal appeal for final hearing.
(RAJ D. WAKODE, J) (URMILA JOSHI-PHALKE, J) Sarkate Signed by: Mr. A.R. Sarkate Designation: PA To Honourable Judge Date: 09/10/2026 22:24:03