Bandu Vishwanath Matte vs The State Of Maharashtra Thr Pso Ps ...
2025 Latest Caselaw 5732 Bom

Bombay High Court

Bandu Vishwanath Matte vs The State Of Maharashtra Thr Pso Ps ... on 17 September, 2025

Author: Anil Laxman Pansare

Bench: Anil Laxman Pansare

2025:BHC-NAG:9208-DB


                                                          1                                     904-APPA-786-2025.odt




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

                         CRIMINAL APPLICATION (APPA) NO.786 OF 2025
                                             IN
                          CRIMINAL APPEAL (STAMP) NO.4305 OF 2025
                               Bandu Vishwanath Matte
                                           Vs.
          The State of Maharashtra, through PSO, PS Chandrapur City, Tah. And
                                    Dist. Chandrapur

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


                                           Mr. K.G. Rathi, Advocate for the petitioner.
                                           Mr. A.B. Badar, APP for Respondent No.1.


                                           CORAM: ANIL L. PANSARE AND
                                                  SIDDHESHWAR S. THOMBRE, JJ.
                                           DATED : 17th SEPTEMBER, 2025

                                           1.         Heard.
                                           2.         By this application, the applicant is seeking
                                           condonation of delay of 459 days in filing the criminal
                                           appeal, whereby the applicant has challenged the
                                           judgment and order dated 30.10.2023 passed by the
                                           Learned Extra Joint District Judge & Additional Sessions
                                           Judge,      Chandrapur            in       Special   (POCSO)        Case
                                           No.130/2021.
                                           3.         Learned counsel for the applicant has stated
                                           various grounds in the application explaining the delay.
                                           The applicant has stated that from the date of arrest, he
                                           was in jail and there was no any male member to look
                                           after the entire proceedings. The applicant specifically
                           2                           904-APPA-786-2025.odt


         stated that the counsel was appointed through the legal
         aid and in that some procedural delay was caused.
         4.         Having gone through the averments made by
         the applicant in the present application, the delay is
         properly explained. Therefore, we pass the following
         order :-

                                      ORDER

(i) The application is allowed.

(ii) The delay of 459 days in filing criminal appeal is hereby condoned.

(iii) Office is directed to register the appeal as per the procedure.

(iv) The application stands disposed of.

(Siddheshwar S. Thombre J.) (Anil L. Pansare J.) 𝒫𝓇𝒾𝓋𝑒𝓁