1 crap305.11,241.11.sxw IN THE HIGH COURT OF JDICATURE AT BOMBAY APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 305 OF 2011 (FOR BAIL) WITH CRIMINAL APPLICATION NO. 241 OF 2011 (FOR DELAY CONDONATION) IN CRIMINAL REVISION APPLCIATION NO. 287 OF 2011 Mr. Suresh Shah ...Applicant Vs. State and another ..Respondents Mr. R. Sathyanarayanan for the Applicant. Mr. D.P. Guchiya for the Respondent No.2. Mrs. R.V. Newton, APP for the State. CORAM : K.U. CHANDIWAL, J. DATE : 13TH OCTOBER, 2011. P.C. 1. Affidavit in reply tendered by original complainant opposing the petition for condonation of delay and also stay to the proceeding. Copy received by the learned Counsel for the applicant Suresh Shah. 2. Heard. There is delay of 594 days in filing the Revision Application challenging the conviction recorded in Criminal Appeal No.49 of 2008. Though the reasons assigned for the delay as recorded in paragraph 2 prima facie are not sufficient to prove the case for grant of excuse of granting such delay. However, considering pathetic condition as present of the revision 2 crap305.11,241.11.sxw applicant which is narrated by him to prosecute as against delay is concerned and during the course of submission learned Counsel for the Revision applicant made a statement to deposit Rs. 1,00,000/- ( Rs. One lac only) within two weeks either in this Court or directly to pay original complainant-respondent No.2 in the above set of situation, the delay is condoned, Criminal Application No.241 of 2011 is allowed. 3. Revision Applicant to pay directly by way of pay order/demand draft of an amount of Rs. 1 lac to the respondent No.2 (original complainant). The Bail Application being No. 305 of 2011 in the set of above fact is also allowed. The sentence is suspended. The applicant is already released on same bail as is directed by this Court on 1st August, 2011. 4. S.O. to 23rd November, 2011. To be heard finally at admission stage. ( K.U. CHANDIWAL, J. )