Bombay High Court
Vinod Manohar More vs State Of Maharashtra on 2 September, 2025
Author: Anil Laxman Pansare
Bench: Anil Laxman Pansare
1 10-CR.APPA-492-2025
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPEAL NO. 424 OF 2025
Vinod Manohar More
-- VERSUS --
State of Maharashtra
__________________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Mr. C.Kulkarni, Advocate h/f Shri P.Kavishwar, Advocate for
the Appellant.
Mr. K.R. Lule, A.P.P. for the Respondent/State.
CORAM : ANIL L. PANSARE, AND
M.M. NERLIKAR, JJ.
DATE : SEPTEMBER 02, 2025.
CRIMINAL APPLICATION [APPA] NO. 492 OF 2025:-
The present application is being filed for
condonation of delay of 768 days in preferring the appeal
against the conviction.
2. The reasons set out in Paragraph Nos.3 and
4 make out a case to condone the delay. Paragraph Nos.3
and 4 reads thus:
"3) That the applicant was arrested by the
respondent no 1 Police Station on 8/11/2019 in
connection with the crime no. 377/2019. Therefore,
since then, till now, the applicant is behind the bar.
That, prior to his arrest, the applicant used to work
as a driver. The financial condition of the applicant
was not sound. It is pertinent to note here that the
applicant is having one son, namely, Prithviraj and
one daughter, namely Roshni and his wife namely,
Vandana as his family members. At the time of
2 10-CR.APPA-492-2025
arrest of the applicant, the son of the applicant was
16 years old & the daughter of the applicant was 13
years old. As the applicant was the sole bread
earner of his family, his family members were facing
serious financial crises. Further, the wife of the
applicant is house wife. She used to do labor work
to fulfill the daily needs of her family. Due to lack of
monetary resources, it was difficult for the wife of
the applicant to make arrangements for filing
appeal. Further, she is having responsibility to feed
her son and daughter. It has become very difficult
for the family members of the applicant to survive.
4) That, due to arrest & further conviction of the
applicant, the family members of the applicants
were in deep sorrow. They were facing starvation.
Further, the son of the applicant is taking education
in S.A. Arts College at Akola & the daughter of the
applicant is taking education S.A. College at Akola.
That, the son of the applicant had started working
at Ishwar Fruit Center at Akola as a daily wages
worker from 2023. Hence, due to financial crises,
the applicant as well as his family members were
unable to prefer the present appeal within the
specific time bound period. That, the son of the
applicant has deposited the fine amount of Rs.
1,500/- before the Trial Court, Akola on
25/03/2025. The copy of the said receipt is
annexed herewith as "Annexure A". That, after
depositing the said fine amount, the son of the
applicant has sought legal opinion from advocate
and hence, sometime is consumed in arranging the
necessary documents to file the appeal. That, the
son of the applicant had preferred an application
dated 24/04/2025 to Jail Authority at Akola for
getting signature of the applicant on vakalatnama.
At that time, the son of the applicant was informed
by the jail Authority that the applicant is not in
Akola Jail. Thereafter, the son of the applicant has
3 10-CR.APPA-492-2025
preferred an application at Amravati Jail and on
3/05/2025, the signature of applicant was obtained
on vakalatnama. Hence, some time is consumed in
preparation of filing an appeal. That, as per article
115 of limitation Act, 1963, the appeal against
conviction is to be preferred within 60 days from
the date of sentence or order. Therefore, applicant
ought to have preferred an appeal till 31/03/2023.
However, due to reasons stated above, the delay of
768 days caused for filing the present application &
appeal is genuine and not deliberate. Therefore, the
applicant and his family members were prevented
by "sufficient cause" for filing an appeal."
3. For the above reasons, we are inclined to
condone the delay of 768 days in filing the appeal against
the Judgment dated 30/01/2023 passed by Extra Joint
District Judge and Additional Sessions Judge, Akola in
Special Child Protection Case No.04/2020. Accordingly,
delay is condoned.
4. Registry shall register the appeal. The
application is allowed and disposed of.
CRIMINAL APPEAL NO. 424 OF 2025:-
5. Heard.
6. Admit.
7. Learned A.P.P. waives service for the
respondent/State.
8. Call for Record and Proceedings.
CRIMINAL APPLICATION NO. 493 OF 2025:-
9. Heard.
4 10-CR.APPA-492-2025
10. Issue notice to the Non-applicant/State
returnable on 23/09/2025.
11. Learned A.P.P. waives service for the Non-
applicant/State.
[ M.M. NERLIKAR, J ] [ANIL.L. PANSARE, J ]
Piyush Mahajan
