IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2504 OF 2011 In APEALST/292/2011 DIPAK DADARAO KSHIRSAGAR VERSUS THE STATE OF MAHRASHTRA AND ORS ... Advocate for Petitioners : Mr. Ashtekar R.k. APP for Respondents: Mr. S.N.Kendre R-1. Mr. S.N.Patil h/f Mr Gaware Niteen V. Adv For Respdt 2 To 18 ... CORAM : SHRIHARI P. DAVARE, J. Dated: November 30, 2011 ... PER COURT :- 1. Heard learned respective counsel for the parties. 2. This is an application preferred by the applicant for condonation of 41 days delay, caused in filing accompanying application, seeking leave to file appeal against the judgment and order of acquittal dated 7.3.2011. 3. Learned counsel for the respondents opposed present application vehemently, and submitted that it bears no substance and therefore, same be rejected. 4. On perusal of the contents of the application and after considering the rival submissions advanced by learned counsel for the parties, it appears that the applicant has explained the delay satisfactorily. Moreover, it also appears that said delay is not wilful, deliberate and intentional and same deserves to be condoned in the aaa IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD interest of justice. 4. In the result, present application is allowed in terms of prayer clause ‘B’ thereof and delay of 41 days caused in filing accompanying criminal application, seeking leave to file appeal, is condoned and said Appeal be REGISTERED and NUMBERED & present application stands disposed of accordingly. ( SHRIHARI P. DAVARE, J. ) ... aaa