1 appa727.10 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.727 OF 2010 IN CRIMINAL APPLICATION NO.5035 OF 2009 IN CRIMINAL APPEAL NO.1127 OF 2009 Ms. Gabriele Standmuller. ....Applicant. Vs. Union of India & ors. ....Respondents Mr.Ayaz Khan for applicant. Mr. Mandar Goswami i/b. .D.N.Salvi for Respondent Union of India. Mr. H.J.Dedhia, AGP for State. CORAM:- A.M.KHANWILKAR AND A.A.SAYED, JJ DATED:- AUGUST 9, 2010 P.C. 1. Heard Counsel for the parties. 2. By this Application, it is prayed that the order dated 20th November, 2009 in Criminal Application No.5035 of 2009 be recalled. It appears that the 2 appa727.10 Application for leave to file appeal was allowed and the Appeal was admitted vide order dated 20th November, 2010. No application however was filed by the Union of India for condonation of delay, though the Appeal was beyond period of limitation. 3. Learned Counsel for the Union of India in all fairness accepts that the grievance of the applicant is legitimate. In the circumstances, we allow the Application in terms of the prayer clauses (a) and (b). 4. Liberty to the Union of India to make an application for condonation of delay in filing the Application/Appeal. 5. In view of the above, the Criminal Application No.5035 of 2009 shall stand restored to file to its original number and will proceed after the proposed application for condonation of delay is decided. The Application for condonation of delay shall be filed by Union of India within two weeks from today, failing which, the Criminal Application No.5035 of 2009 shall stand dismissed for non-prosecution without further reference to the Court. (A.A.SAYED, J) (A.M.KHANWILKAR, J)