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2026 Supreme(Online)(MP) 3398
IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
Milind Ramesh Phadke, J
Ankur Bajpai – Appellant
Versus
The State Of Madhya Pradesh – Respondent
MISC. CRIMINAL CASE No. 10021 of 2026
For the Appellants/Petitioners: Suresh Chandra Vajpai
For the Respondents: Jai Prakash Bhargava
Extension of time for complying with a court-ordered cost deposit may be granted if the delay is caused by the late uploading of the order on the official website, constituting sufficient cause in the interest of justice.
Headnote:The petition is filed under S. 528 of the Bharatiya Nagarik Suraksha Sanhita seeking an extension of time to deposit costs. A previous restoration application was allowed subject to the condition of depositing costs within one week; however, the order was uploaded on the official website after the stipulated period, leading to non-compliance. The court found sufficient cause for the delay. The issue is whether an extension of time should be granted for depositing costs when the delay is attributable to the late uploading of the order. The court reasoned that in the interest of justice, such administrative delays constitute sufficient cause for granting an extension. Accordingly, the present petition is allowed.
ORDER
Today, due to call of High Court Bar Association, Gwalior, Advocates are abstaining from court work.
This petition under Section 528 of BNSS seeking grant of time for depositing the cost amount as directed in the order dated 29.01.2026 passed in M.Cr.C. No. 1353/2026.
Father of the petitioner submit that the petitioner had earlier filed M.Cr.C. No. 555/2023 before the Hon’ble Court, which came to be dismissed for want of prosecution. Thereafter, for restoration of the said matter, the petitioner preferred M.Cr.C. No. 1353/2026. In the restoration petition so filed, the Hon’ble Court, vide order dated 29.01.2026, was pleased to allow restoration of M.Cr.C. No. 555/2026 subject to the condition that the petitioner shall deposit costs of Rs. 5,000/- with the M.P. High CourtBar Association, Gwalior (SB A/c No.326802012000285, IFSC CODE UBIN0563561, Union Bank of India, Branch High Court, Gwalior) within a period of one week from the date of the order. However, the said order was uploaded on the website only on 12.02.2026, on account of which the petitioner gained knowledge of the order approximately fourteen days after the date of its pronouncement, and consequently, the petitioner could not deposit the cost amount within the stipulated time. The petitioner is ready and willing to comply with the order passed by the Hon’ble Court and to deposit the cost amount, and therefore, it would be just and proper that reasonable time be granted for depositing the said amount. It is, therefore, most humbly prayed that this Hon’ble Court may be pleased to allow the present application and grant time for compliance of the order dated 29.01.2026 passed in M.Cr.C. No. 1353/2026.
Considering the submissions made and in the interest of justice, this Court finds that sufficient cause has been shown for non-compliance of the order within the stipulated time. Accordingly, the present petition is allowed. Two weeks’ further time from today is granted to the petitioner to deposit the cost amount of Rs. 5,000/- with the M.P. High Court Bar Association, Gwalior, as directed vide order dated 29.01.2026 passed in M.Cr.C. No. 1353/2026.
It is made clear that in case the petitioner fails to deposit the aforesaid amount within the extended period granted by this Court, the benefit of restoration granted earlier shall automatically stand vacated without further reference to the Court.
