1 1546.11 Cri.Appln. IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1546 OF 2011 in CRIMINAL APPLICATION NO. 1545 OF 2011 The State of Maharashtra APPLICANT VERSUS Gajanan Mitharam Mahajan & others RESPONDENTS ..... Shri T.S. Lodhe, APP for applicant State Shri P.S. Gaikwad, Advocate h/f Shri Ajay G. Talher Advocate for respondent Nos. 1 & 2 ..... CORAM : U.D. SALVI, J. DATED : 14 th September, 2011. PER COURT : 1. Heard. Perused aplication and affidavit dated 25-02-2011 of Niteen Jagtap, Assistant Public Prosecutor, Jalgaon and affidavit dated 25-02-2011 of Ashok Untwal, then Special Public Prosecutor. 2. It is revealed that after passing of the impugned Judgment on 21-03-2009, the learned Special Public Prosecutor Shri Ashok Untwal, who had conducted the said case before the 5th 2 1546.11 Cri.Appln. Judicial Magistrate, First Class, Jalgaon, remained passive till the complainant / victim approached him in August, 2009, with an enquiry whether appeal was filed against the impugned Judgment. It appears that upon the agitation of the issue of preferring an appeal against the Impugned Judgment before the Director of Prosecution, Mumbai, things really started moving, and appeal was filed some 658 days after the expiry period for preferring the appeal. The facts asserted in the affidavit have remained un- controverted. Delay is condoned. Criminal Application No. 1546/2011 is disposed off accordingly. 3. Application for leave to appeal be listed for admission. ( U.D. SALVI, J. ) SDM* September-11