1 Appln 243-2011 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.243 OF 2011 Sharad Vasant Sawant .Applicant V/s. Dilip Patil & ors .Respondents Mr.Prabhakar M. Jadhav, Advocate, for the Applicant Mr.Akhilesh Dubey, Advocate, for Respondent No.1 Mrs.M.M.Deshmukh, APP, for Respondent No.3- State CORAM : R.C.CHAVAN, J. DATE : 10TH AUGUST, 2011 P.C. . Heard the learned Counsel for the respective parties. 2. This is an application for condonation of delay of 307 days in seeking leave to file an appeal against the Order of acquittal passed by the learned Judicial Magistrate F. C., Vashi on 15th January, 2010. The learned Counsel for respondent No.1 has strong objection and the respondent has filed a 2 Appln 243-2011 detailed reply to the contentions raised. The learned Counsel for the applicant states that Advocate Deepak Surendra Naik, who was engaged by the applicant did not keep the applicant informed. The applicant relied on the word of the applicant. The applicant came to know of passing of the order in October, 2010. The applicant has also filed a complaint before the Bar Council against the advocate, who has been joined as respondent No.2 to this application. Considering the fact that the applicant is not just making an allegation against Advocate to justify the delay occasioned in seeking leave to file an appeal, the applicant cannot be punished for the lapse on the part of the Advocate. Therefore, for the reasons mentioned in the application, application is allowed. Delay is condoned. (R.C.CHAVAN, J.)