1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3057 OF 2009 Kanti Shah ...Applicant Vs. Dr.(Mrs.)R.S. Kamath and Anr. ....Respondents ----- Mr.Prashant H. Chande for Applicant Mr.R.N. Sakhija for Respondent No.1 Mr.S.R. Shinde -APP for State ----- CORAM: V.M. KANADE J. DATED: 9TH JUNE, 2010 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant and the Learned Counsel for the Respondent No.1. 2. This is an application for condonation of delay of 200 days in filing the application for leave to file an appeal. 3. It is submitted by the Learned Counsel for the Applicant that the Sessions Court passed the impugned 2 order on 17.9.2008. Against the said order, the Applicant filed a writ petition in this Court on 21.11.2008. The said writ petition came up for hearing on 6.4.2009 and this Court has observed that the writ petition was not maintainable in view of section 378 of Cr.P.C. and proper remedy was to file an appeal against the said order. The writ petition was disposed of and liberty was granted to the Applicant to take out appropriate proceedings and, accordingly, the present application was filed on 2 nd June, 2009. It is submitted that application taken out by the Applicant for pursuing the present criminal application may be excluded. It is submitted that the Applicant was under the bonafide impression that writ petition against the said order was the correct remedy. 4. On the other hand, the learned counsel for the Respondent No.1 submitted that ignorance of law was not an excuse and, therefore, explanation given by the Applicant was not sufficient for the purpose of 3 condoning the delay. In my view, submission made by the Respondent No.1 cannot be accepted since the criminal writ petition was filed under the bonafide belief that the writ petition was maintainable against the order of Sessions Court and the said period is liable to be excluded. In my view, sufficient cause has been shown by the Applicant for condoning the delay in filing application for leave to file appeal. Moreover, this Court while disposing of the writ petition had given liberty to the Applicant to file appropriate proceedings for the purpose of challenging the impugned order. Delay caused in filing this application is condoned. Application is allowed and disposed of. 5. Place the application for leave to file an appeal on the admission board on 24 th June, 2010. (V.M. KANADE J.)