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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
S.M.MODAK
Amit Kailas Varghade – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. issues surrounding delay condonation. (Para 3 , 4 , 8) |
| 2. judgment references impacting delay decisions. (Para 5 , 9 , 11) |
| 3. right to appeal despite trial participation. (Para 6 , 10) |
| 4. court's reasoning on sufficient cause. (Para 12 , 13) |
| 5. final order regarding application. (Para 14 , 15) |
ORDER :
1. Heard learned Advocate for the Applicant/“undertrial prisoner.” Also heard learned APP and learned Appointed Advocate for Respondent No.2.
3. Two issues are canvassed before me. First, “whether the delay beyond 180 days from passing of the impugned order can be condoned” and second, “whether the facts and circumstances warrant condonation of delay.”
(ii) Amol Ashok Mali Vs. State of Maharashtra, 2019 SCC OnLine Bom 9649
5. Whereas learned Advocate for Respondent No.2, as an Officer of the Court, relied upon the observations in case of Rashid Kasim and Another Vs. State of Maharashtra, 2019 SCC OnLine Bom 7313.
(a) The present Appellant applied for regular bail before the Additional Sessions Judge – Vadgaon Maval, Pune. It was rejected on 6th December 2024. He along with others is facing trial for commission of an offence under Sections 302, 143, 147, 149, 506, 109 of Indi
Condonation of delay is justified where the right to a speedy trial is at stake, and circumstances merit consideration despite prior participation in trial.
Prolonged pre-trial detention can justify bail under Article 21, emphasizing individual liberty rights even amidst stringent statutory limits.
The court emphasized that statutory rights of appeal warrant a liberal approach to condone delays, especially in criminal matters.
Prolonged custody without trial completion justifies granting bail, emphasizing the presumption of innocence.
The court endorsed a liberal approach to condoning delays in appeals, emphasizing substantial justice over technicality, while holding the State to the same standards as other litigants.
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