1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (APPA) No. 206/2009 [STATE OF MAHARASHTRA VS. HARISHCHANDRA RAGHU DESHMUKH] ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr. D.P.Thakare, APP, for the applicant, Mr. C.F.Bhagwani, Advocate, for Respondent. .......... CORAM : P.D. KODE, J. DATE : DECEMBER 05, 2009. Heard. In spite of the application being vehemently opposed by the learned counsel for the respondent, still having regard to the reasons mentioned in the application and particularly, in paragraph No. 3, that the post of decision taking authority to prefer an appeal i.e. Joint Secretary, Law & Judiciary Department, was vacant from 5th March, 2009, and having regard to the purpose for which the application is presented i.e. for guarding the interest of public at large, for giving an opportunity to the applicant for testing the merits of the matter, in the interest of justice, the delay of 34 days in preferring an application for leave to present an appeal against the judgment and order dated 4.6.2009, acquitting the respondent from commission of offence punishable under Section 304 and 201 of ٰI.P.C, is hereby condoned. 2 Application stands disposed of. Criminal Application for leave to file appeal Issue notice of an application for leave to prefer the appeal to the respondent. Mr. C.F.Bhagwani, learned counsel appears waiving service for respondent. At the request of learned APP and with the consent of the learned counsel for the respondent, forthwith called out for hearing. Heard. Leave granted. Application stands disposed of. Criminal Appeal Issue notice before admission of an appeal to the respondent with a specification that the matter may be disposed of at the admission stage after hearing both the parties, returnable on 07/01/2010. Mr. C.F.Bhagwani, learned counsel appears waiving service for respondent. JUDGE Rvjalit