1 APPA.1445-2010 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1445 OF 2010 IN CRIMINAL APPEAL STAMP NO. 893 OF 2010 . The State of Maharashtra ..Applicant. Vs. Sangeeta Chandrakant Hande & Ors. ...Respondents. -- Mr. Y.S. Shindei i/b Mrs. Nasreen Ayubi,for the Applicant. Mr. Nitin Pradhan, for Respondent Nos.1 to 3. Ms. Rashmi Gangwani i/b Ganesh Gole, for Respondent No.4. -- CORAM: B. H. MARLAPALLE & U. D. SALVI, JJ. JANUARY 12, 2011. P.C.: Heard Mr. Shinde, the learned APP for the State. 2. It appears that on 25.6.2002 the learned II-Ad hoc Asstt.Sessions Judge, Solapur passed an order to return the muddemal property involved in Sessions Case No.76 of 1997. The said case is resulted 2 APPA.1445-2010 in an acquittal as per judgment and order dated 25.6.2002. The order of acquittal is subject matter of challenge in the Criminal Appeal No.1146 of 2002 filed by the Appellant. As the appeal was admitted, muddemal property was not returned, and therefore, the complainant filed Criminal Application No.4250 of 2005 and the original accused nos.1 to 3 filed Criminal Application No.339 of 2006 for returning of muddemal property. While dealing with this application, this court noted that no appeal was filed under Section 454 of the Cr.PC against the order of return of muddemal property, and it is under these circumstances, the Criminal Appeal under Stamp No.893 of 2010 has been filed against the said order dated 25.6.2002, but, belatedly. This application prays for condonoation of delay. 3. As per the office note, the appeal is beyond time by 8 years and 96 days. The only explanation given in support of this application is based on the order passed by this court on 22.11.2010 in Criminal Application No. 4250 of 2005 and Criminal Application No.339 of 2006. 4. In our considered opinion, there is no case made out to condone such a long delay of 8 years and 96 days and the order dated 22.11.2010 cannot be read to give rise a fresh further cause of action. Hence, the application is rejected. 3 APPA.1445-2010 5. Consequently, the Criminal Appeal under Stamp No.893 of 2010 does not survive, and same is disposed off as such. (U. D. SALVI,J.) (B. H. MARLAPALLE,J.)