Kailas Sitaram Kharat vs The State Of Maharashtra And Anr
2025 Latest Caselaw 3834 Bom

Bombay High Court

Kailas Sitaram Kharat vs The State Of Maharashtra And Anr on 22 August, 2025

Author: Sarang V. Kotwal

Bench: Sarang V. Kotwal

2025:BHC-AS:36201-DB




                                                       1/2                 3-IA-3117-2025 (CR).doc


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CRIMINAL APPELLATE JURISDICTION

                                  INTERIM APPLICATION NO. 3117 OF 2025
                                                   IN
                                 CRIMINAL APPEAL (ST) NO. 16965 OF 2025

                 Kailas Sitaram Kharat                                   ...Applicant
                             Versus
                 The State Of Maharashtra And Anr                        ...Respondents
                                              .......
                 Mr. Krishma Joshi i/b Sangram Jadhav, Advocate for the
                 Appellant/Applicant.
                 Mr. K.V. Saste, APP for the State/Respondent.

                                               CORAM     : SARANG V. KOTWAL &
                                                           ADVAIT M. SETHNA, JJ.

                                               DATE      : 22th AUGUST 2025
                 P.C. :

                 1.       This is an Application for condonation of delay of 92 days in

                 filing the present appeal. The Applicant has been convicted by the

                 judgment and order dated 13th March 2025 passed by the learned

                 Special Judge under P.O.C.S.O Act, Sessions Court, Borivali

                 Division, Dindoshi, Goregaon, Mumbai in POSCO Special case No.

                 181 of 2015, for offences punishable under Sections 376(2)(i)(n)

                 and 506 of the Indian Penal Code, 1860, as also under Section 4,

                 5(1)(m) punishable under sections 6 and 8 of the Protection of

             Mayur




                ::: Uploaded on - 22/08/2025                     ::: Downloaded on - 23/08/2025 00:01:57 :::
                                 2/2                    3-IA-3117-2025 (CR).doc


 Children from Sexual Offences Act, 2012 ("POSCO Act" for short).

 The Applicant is in custody from 18 January 2022.

 2.      Learned Counsel for the Applicant submits that the Applicant

 comes from a humble financial background and does not have

 sufficient funds to engage an advocate. This process took some

 time, but as soon as the advocate was engaged, all the necessary

 steps for filing the present appeal were initiated and duly pursued

 by the Applicant. It is also submitted that if the delay is not

 condoned, the Applicant would suffer grave prejudice.

 3.      Mr. Saste, learned APP does not seriously object to the

 Application.

 4.      In the above circumstances and in the interest of justice, the

 delay of 92 days in filing the Appeal deserves to be condoned by

 passing the following order:-

                                ORDER

I. The Application is allowed in terms of prayer clause (a). II. The Appeal be processed further.

III. The Application is Disposed of accordingly.

(ADVAIT M. SETHNA, J.) (SARANG V. KOTWAL, J.)