1 WP 2341.11.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL WRIT PETITION NO. 2341 OF 2011 Mr. Kalpesh Bapu Agiwale and Anr. ... Petitioners. V/s. The State of Maharashtra & Ors. ... Respondents. Mr. Shekhar A. Ingawale i/b. Mr. Anand S. Patil for the Petitioner. Mrs. R.V. Newton, APP for the State. CORAM : K.U. CHANDIWAL, J. DATED : 26th AUGUST 2011. P.C. :- Rule made returnable forthwith. 2. Notice. Learned APP accepted that she has already been served on 8th August 2011. 3. Heard learned Counsel for the Petitioners and learned APP extensively. 4. The learned Addl. Sessions Judge, while passing order below Exhibit 1 in Criminal Misc. Application No.32 of 2011 by his order dated 20.7.2011 did not accede to condone the delay. 5. The dis-belief to the medical certificate expressed by the 2 WP 2341.11.sxw learned Judge and to availability of another person Kalpesh or Ganesh though discussed, the fact remains, the substantial rights of the Applicants in seizer of the edible oil are involved. The edible oil naturally being a perishable good, the time limit fixed for approaching the Court being already expired, the learned Judge should have considered the situation. 6. I find that there were sufficient reasons assigned by the Applicants seeking excuse for delay in preferring an Appeal. He has also highlighted so called illegalities in the orders of Respondent No.1. At this stage, the Court need not to travel to that area. However, fact remains, delay of 50 days in making the Appeal should have been condoned. 7. Accordingly, such delay is condoned. 8. Learned Judge shall expeditiously hear the Appeal of the Petitioners within outer limit of 30 days of the communication. 9. The Petition disposed of. Rule made absolute accordingly. (K.U. CHANDIWAL,J.)