1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3136 OF 2009 WITH CRIMINAL REVISION STAMP NO.241 of 2009 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s Orders Mr.R.N.Bharaswadkar, learned counsel for applicant. Mr.N.R.Shaikh, learned APP for respondent no.1 (CORAM : A.V.POTDAR, J.) DATE : 23rd November 2009 By the present application, the applicant has prayed for condonation of 177 days delay in preferring the criminal revision. This criminal revision to be filed against the order of acquittal passed by the Additional Sessions Judge, Gangakhed in Sessions case No. 9/2008 in which vide judgment and order dated 12/12/2008, the 2nd respondent who was accused in the said session case was acquitted for an offence u/s. 376 r/w. 506 of IPC. As the applicant/original complainant was under bonafide impression that against the order of acquittal, State may prefer an 2 appeal, but it appears that till date, no such proposal was forwarded against acquittal on behalf of State/first respondent. For the grounds stated in para no.3 and 4, the delay is satisfactorily explained, hence the application for condonation of delay is to be allowed, hence the application to be disposed of with the following order : 1. Application for condonation of delay is allowed in terms of prayer clause A and B. 2. In view of this order, Office to register the accompanied revision and give registration no. to the said criminal revision. 3. After the number is given to the criminal revision, issue notices to the respondent. Learned APP accepts notice for respondent no. 1. Services of notice of 2nd respondent returnable 4 weeks. Within meantime, learned APP to take further instructions whether the State has proposed any appeal against the judgment of acquittal by the Additional Sessions Judge in the said trial. (A.V.POTDAR, J.) khs/NOV 2009/cri.appl.3136-09 3