1 crap4031.09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 4031 OF 2009 IN CRIMINAL APPLICATION No. 464 OF 2006 Pravin s/o Nemichand Sancheti ...Applicant VERSUS The State of Maharashtra & anr. ...Respondents ..... Shri D.S.Manorkar, advocate h/f Shri S.G.Laddha, advocate for applicant Smt. Y.M.Kshirsagar, A.P.P. for Respondent no.1 Shri A.J.Bhatta h/f Shri Dinesh Vakil, advocate for Resp. No.2 ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 19th December, 2011 PER COURT : 1 Heard respective learned counsel for the parties. 2 This is an application preferred by the applicant for condonation of delay of 83 days and also for recalling/cancelling the order, dated 28.7.2009 in Criminal Application No. 464 of 2006 and 2 crap4031.09 consequent dismissal of Criminal Application No. 464 of 2006 against respondent no.2. 3 For the reasons stated in the present application, it appears that the applicant has explained the delay satisfactorily as well as pleaded and proved sufficient cause for non-compliance of the order, dated 28.7.2009, and therefore, present application deserves to be allowed. 4 In the result, present Criminal Application is allowed in terms of prayer clause 'B' thereof and the order of dismissal dated 28.7.2009 passed in Criminal Application No. 464 of 2006 stands recalled and cancelled, as well as the delay of 83 days caused in filing present application stands condoned and present Criminal Application is disposed of accordingly. (SHRIHARI P. DAVARE), JUDGE. dbm/crap4031.09