1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL APPELLATE SIDE CRIMINAL APPELLATE SIDE CRIMINAL APPLICATION NO.217 OF 2006 CRIMINAL APPLICATION NO.217 OF 2006 CRIMINAL APPLICATION NO.217 OF 2006 Sherbhadur Akram Khan & Ors. ...Applicants Sherbhadur Akram Khan & Ors. ...Applicants Sherbhadur Akram Khan & Ors. ...Applicants Vs. Vs. Vs. The State of Maharashtra ...Respondent The State of Maharashtra ...Respondent The State of Maharashtra ...Respondent ----- ----- ----- Mr.Majeed Memon for Applicants Mr.Majeed Memon for Applicants Mr.Majeed Memon for Applicants Mr. V.B.Konde-Deshmukh, A.P.P. for State Mr. V.B.Konde-Deshmukh, A.P.P. for State Mr. V.B.Konde-Deshmukh, A.P.P. for State CORAM: B.H.MARLAPALLE & ROSHAN DALVI, JJ. CORAM: B.H.MARLAPALLE & ROSHAN DALVI, JJ. CORAM: B.H.MARLAPALLE & ROSHAN DALVI, JJ. DATED: 27TH FEBRUARY, 2006 DATED: 27TH FEBRUARY, 2006 DATED: 27TH FEBRUARY, 2006 P.C. P.C. P.C. 1. Heard Mr. Memon, learned Counsel for the 1. Heard Mr. Memon, learned Counsel for the 1. Heard Mr. Memon, learned Counsel for the Applicants. Applicants. Applicants. 2. In filing Criminal Appeal No.202 of 2006 there 2. In filing Criminal Appeal No.202 of 2006 there 2. In filing Criminal Appeal No.202 of 2006 there is a delay caused and as per the office note the delay is a delay caused and as per the office note the delay is a delay caused and as per the office note the delay is of 85 days. The circumstances leading to filing is of 85 days. The circumstances leading to filing is of 85 days. The circumstances leading to filing the appeal beyond time have been duly explained and the appeal beyond time have been duly explained and the appeal beyond time have been duly explained and hence, the delay deserves to be condoned. hence, the delay deserves to be condoned. hence, the delay deserves to be condoned. 3. The application is allowed in terms of prayer 3. The application is allowed in terms of prayer 3. The application is allowed in terms of prayer clause (a). clause (a). clause (a). (ROSHAN DALVI, J.) (B.H.MARLAPALLE, J.) (ROSHAN DALVI, J.) (B.H.MARLAPALLE, J.) (ROSHAN DALVI, J.) (B.H.MARLAPALLE, J.) 2