Bombay High Court reaffirms its discretionary power to condone a 38-day filing delay based solely on stated grounds, providing binding guidance for future delay applications.
Summary
| Category | Data |
|---|---|
| Case Name | CRMA/37/2024 of ARUN KUMAR SHARMA Vs ANANDRAO VAMAN CHATIM AND ANR |
| CNR | HCBM050005942024 |
| Decision Date | 18-08-2025 |
| Disposal Nature | Disposed of |
| Judgment Author | Hon’ble Shri Justice Valmiki Menezes |
| Court | Bombay High Court |
| Bench | Single Judge |
| Overrules / Affirms | Affirms |
| Type of Law | Criminal Procedure |
| Questions of Law | Whether the delay of 38 days in filing the appeal can be condoned based on reasons stated in the application |
| Ratio Decidendi |
|
What’s New / What Lawyers Should Note
- Even a delay of over a month (38 days) can be condoned if the application sets out sufficient reasons.
- The High Court will exercise its inherent/discretionary power based solely on the grounds stated in the condonation petition.
Summary of Legal Reasoning
- The court examined the reasons set out in the condonation application.
- Finding those reasons satisfactory, it held that a 38-day delay in filing the appeal could be excused.
- In exercise of its discretionary power, the court allowed the application.
- The Registry was directed to register the appeal, and the application was disposed of.