-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2406 OF 2005 CRIMINAL APPLICATION NO. 2406 OF 2005 CRIMINAL APPLICATION NO. 2406 OF 2005 IN IN IN CRI. APPEAL NO. 395 OF 2005 CRI. APPEAL NO. 395 OF 2005 CRI. APPEAL NO. 395 OF 2005 Bakish @ Bakesha Nilya Kale ..Applicant. V/s. State of Maharashtra .. Respondent. --- Through Jail. Mrs. Bhaguashri P. Jakhade, Advocate (appointed) for the Applicant. Mr. S.D.Shinde, APP for the Respondent State. --- CORAM : D. G. DESHPANDE & CORAM : D. G. DESHPANDE & CORAM : D. G. DESHPANDE & S. A. BOBDE, JJ. S. A. BOBDE, JJ. S. A. BOBDE, JJ. DATED : 30TH JUNE, 2006. DATED : 30TH JUNE, 2006. DATED : 30TH JUNE, 2006. P.C.: P.C.: P.C.: 1. Heard. This is an application for condonation of delay of five years and 239 days in filing the Appeal. The appeal is filed by the accused through jail. Because of his conviction and sentence, the appeal could not be filed in time. The accused is in custody for last 10 years, who perhaps filed the appeal in the year 2005. Therefore, we will condone the delay. Accordingly, the application for the aforesaid delay is allowed and the delay is condoned. 2. Appeal is admitted. The paper book of the appeal is ready. The Advocate for the Accused is ready -: 2 :- and willing to go on with the matter and therefore, the matter is fixed for final hearing in the week commencing from 10th July, 2006. 3. Cri. Application is disposed of accordingly. (D.G.DESHPANDE,J) Dt.30.06.2006 (S.A. BOBDE, J) .....