1 criap2643.11 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2643 OF 2011 WITH CRIMINAL APPLICATION NO. 2641 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and the Registrar's orders. Court's or Judge's orders Coram: A. H. Joshi and A. R. Joshi, JJ. Date : 20th August 2011 Shri N.R. Shaikh, A.P.P. for the applicant-State. ------------ 1. This is an application for condonation of delay of 16 days caused in filing application seeking leave to file appeal against acquittal by the State. 2. Learned A.P.P. wants the court to issue notices to the accused-respondents, as if it is a matter of routine course. 3. Being an appeal against acquittal, it is considered necessary to hear the learned Public Prosecutor on merits 2 criap2643.11 before granting order of notice on the application for condonation of delay caused in filing of appeal. Otherwise, the issuance of notices to the accused would result in vexing them, even if there be no merit in appeal. 4. Therefore, we had directed the learned A.P.P. to address us on merits. 5. We have heard learned A.P.P on merits of appeal. 6. The charge was framed against the accused for commission of offence under Section 307 of IPC, by using sword as weapon. The injury sustained is contusion. 7. The learned Sessions Judge, after considering the evidence and the injuries, which were simple in nature, found the prosecution story to be unbelievable. 8. Though the State has filed the appeal, the learned A.P.P. has not been able to demonstrate that the finding arrived at by the learned Sessions Judge, is impermissible or contrary to the record or is rendered 3 criap2643.11 without considering any material piece of evidence. 9. It is thus seen that the use of sword as a weapon is not a truthful version, and hence, Section 307 of I.P.C. was not attracted. 10. The appeal against acquittal cannot be entertained casually, as it is seen to be without any merits and learned A.P.P. still wants this court to issue notices to the accused and vex them, by calling them on the application for condonation of the delay caused in filing of the appeal. 11. Since, the appeal does not have merits, the application seeking condonation of delay caused in filing the application seeking leave to file appeal is rejected. 12. Consequently, Criminal Application for leave to file appeal, which is without merits, is also rejected. (A. R. JOSHI, J.) ( A. H. JOSHI, J.) pnd/criap-2643.11 4 criap2643.11