1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Criminal Application (APPA) No. 344/2009 in Criminal Appeal No. 529/2009 ( Smt. Kokila Vinayakrao Taide .vs. State of Mah. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. D.M. Upadhye, Advocate for Appellant. Mr. A.D. Sonak, APP for Respondent. CORAM : P.D. KODE, J. DATED : DECEMBER 7, 2009 Heard. Issue notice to the respondent. Mr.A.D. Sonak, APP appears for the respondent by waiving notice. At the request of the learned counsel for the appellant and with the consent of the learned APP, call out for hearing. By the present application, the appellant/accused convicted for commission of offence punishable under Section 3(1)(x) of the S.C. & S.T. (Prevention of Atrocities) Act, 1989 and under Section 294 of IPC and sentenced to suffer S.I. for six months and to pay fine of Rs.3000/- with in default S.I. for two months on first count and S.I. for one month and to pay fine of Rs. 100/- with in default S.I. for 10 days on second count 2 vide judgment and order dated 2.9.2009 passed by the learned Sessions Judge, Amravati in Special (Atrocity ) Case No. 1/2009 has prayed for condonation of delay of 26 days in preferring the appeal against the judgment and order of said conviction and sentence. Though application is vehemently objected by the learned APP, still considering the nature of conviction , for the reasons stated in the application, for giving an opportunity to the appellant to test the merits of the matter, the delay is hereby condoned subject to the appellant paying costs of Rs.750/- in favour of the High Court Legal Services Sub Committee, Nagpur, within seven days from today. List the matter on 14.12.2009. JUDGE halwai