1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Criminal Application No.805 of 2007 With Criminal Application No.806 of 2007 In Criminal Appeal No.485 of 2006 Sunil Atmaram More. .. .. Applicant v/s. The State & anr. .. .. Respondents Mr.Prakash N. Wagh for Applicant. Mrs.S.D. Shinde, APP for Respondents. ---- CORAM : DR.S. RADHAKRISHNAN & SMT.ROSHAN DALVI, JJ. Dated : 17 th July, 2007 P.C. : 1. Heard the learned Counsel for the Applicant and the learned APP for the Respondents. 2. By the above Criminal Application No.805 of 2007, the Applicant is seeking restoration of the above Criminal Appeal No.485 of 2006, which was dismissed for want of non- 2 removal of office objections pursuant to the order dated 21st August 2006. It appears that the Applicant- Appellant was directed to furnish the address of Respondent No.2 (original prosecutrix) Ms.X. As the Applicant- Accused is not aware of the actual address of Respondent No.2, we cannot compel him to disclose the same. 3. Having regard to the facts and circumstances of the case, sufficient cause is made out for restoration of the Appeal. Accordingly, the above Criminal Appeal stands restored to the file. 4. The above Criminal Application No.806 of 2007 is taken out for condonation of delay of 250 days in filing the above restoration Application. For the reasons stated in the Application, sufficient cause is made out for condonation of delay. There is no case of inaction, negligence or want of bona fide on the part of the Applicant. Hence, the delay in filing the above restoration Application is condoned. 5. We make it clear that in the event the Applicant- Accused 3 deposits the fine amount, as directed by the trial Court, in this Court, the prosecutrix will be entitled to withdraw the same. As and when the said amount is deposited, the learned APP assures that the prosecutrix will be informed about the same. 6. The learned Counsel for the Applicant- Accused states that as and when the said amount is deposited in this Court, he will immediately inform the learned APP in that behalf. 7. Both the above Applications stand disposed of accordingly. (DR.S. RADHAKRISHNAN, J.) (ROSHAN DALVI, J.)