Anil Suryakant Taktode v. The State of Maharashtra

APPLN-4489-2025-1-IN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABADCRIMINAL APPLICATION NO. 4489 OF 2025IN REVNST/12456/2025Anil Suryakant Taktode… Applicant VersusThe State of Maharashtra… Respondent.…..Mr. Shirish M. Kamble, Advocate for Applicant (Through V.C.)Mr. S. M. Ganachari, APP for Respondent - State.…..CORAM :ABHAY S. WAGHWASE, J.RESERVED ON :06 FEBRUARY 2026PRONOUNCED ON :09 FEBRUARY 2026ORDER : 1.Instant application is for condonation of delay of 1304days caused in filing Criminal Revision Application.2.Learned counsel for applicant pointed out that, presentapplicant was being tried for commission of offence punishable undersections 147, 148, 149, 324, 323, 504, 506 of Indian Penal Code andunder section 135 of the Bombay Police Act, vide R.C.C. No.137/2005and he came to be convicted for offence punishable under sections148, 324 read with section 149 of IPC by judgment and order dated24.11.2015 passed by learned Judicial Magistrate First Class, Basmathnagar, Dist. Hingoli. Against the said conviction, Criminal APPLN-4489-2025-2-Appeal No. 47 of 2015 was preferred, but the same was dismissed inSeptember 2021. Against which the applicant intends to preferrevision. However, delay has occurred in filing revision beyond theperiod of limitation.3.Learned counsel pointed out that the applicant is alabourer, illiterate and he has limited financial needs and was notaware of legal procedure. Moreover, due to Covid-19 pandemic, therewas loss of employment, resulting in economic hardship. That, thedelay is attributable to taking steps for procuring documents, and assuch, delay of 1304 days is caused. The same is unintentional and notdeliberate and consequently for above reasons, in the interest ofjustice and fair opportunity, delay is sought to be condoned.4.State has opposed on the ground that, there is noplausible explanation and delay is immense.5.After going through the papers, it seems that theapplicant was tried vide R.C.C. No.137/2005 for commission of aboveoffences and he was held guilty by learned J.M.F.C. Basmathnagarvide judgment and order dated 24.11.2015. Appeal seems to havebeen preferred against the said conviction, but it was also dismissedin September 2021. Now, reasons put-forth for delay in filing revisionare that there was Covid-19 pandemic and being a labour, illiterate APPLN-4489-2025-3-and on account of financial needs, steps could not be taken withinlimitation. Delay is apparently of 1304 days, which is around fouryears. Covid-19 pandemic was over by March 2022 and life had cometo normalcy by then. Therefore, the said reason does not seem to beplausible. There is a conviction recorded by learned trial court andupheld by learned first appellate court. The main matter is of 2005,appeal ended up in 2021 and now, almost after four years, anattempt has been taken to get delay condoned. There being noconvincing reason and the delay being huge, application deserves tobe rejected. Hence, the following order :-ORDERThe Criminal Application stands rejected. (ABHAY S. WAGHWASE, J.) Tandale