1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPA) NO. 812 OF 2010 ( State of Maharashtra PSO PS Sitabuldi Nagpur Vs. Kaustubh Wasudeorao Buty & 3 Ors. ) ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Shri N.W. Sambre Public Prosecutor for applicant/State. Shri S. V. Sirpurkar Adv for non applicant 1. Shri A. C. Dharmadhikari Adv for non applicants 3 & 4. CORAM: M. N. GILANI J. DATED: 11th JULY, 2011. . This is an application for condonation of delay caused in filing an appeal impugning Judgment and order dated 12.04.2010 passed by Additional Sessions Judge Nagpur in Criminal Appeal No. 82 of 2007, whereby the respondents were acquitted of the offence punishable under Section 448 read with Section 34 of Indian penal Code. This application is accompanied by the affidavit of Investigating Officer dated 22.10.2010. It is stated that after the delivery of the judgment on 12.04.2010, on 13.04.2010 certified copy was applied for and the copy was received on 11.05.2010. The time was consumed in correspondence with the office of the 2 Government Pleader, District Court Nagpur and the Law & Judiciary Department. A proposal which was sent to the Law and Judiciary was incomplete. After receipt of the reminder, complete proposal was sent. 60 days were consumed by the office of the Law & Judiciary Department. After Resolution was passed, again the office of the Public Prosecutor, High Court Nagpur took time to draft the Appeal Memo etc. Since the delay had already occurred, this office wanted to know the reasons for delay. For that there was again a correspondence and in that in all 70 days elapsed till this appeal came to be presented to this Court. The Joint Secretary, Law and Judiciary Department has filed an affidavit on 23.06.2011. It is stated that delay caused in filing the appeal is bonafide. In the prosecution of criminal matters by the State, the real stake holders are the 'victims' of crime. If there is a lethargy or inaction either in the matter of investigation or prosecuting the lis in the Courts, ultimate sufferer is a victim. Considering the period of delay and the reasons cited in the affidavit, delay in filing appeal is condoned subject to the State's depositing costs of Rs. 2000/- with the High Court Legal Services Sub Committee Nagpur within a period of two weeks from the date of this order. JUDGE svk 3 From the date of taking charge i.e. from 17.03.2011 till 06.05.2011 His Lordship Hon'ble Shri Justice M.N. Gilani was sitting at High Court Bombay.