-: 1 :- appr-431 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIM. APPL. NO. 431 OF 2011 IN CRIM. APPL. NO. 1816 OF 2004 IN CRIMINAL REVISION APPL. NO. 263 OF 1999 Somnath Bhatu Sonawane. ..Applicant Versus Uttam P. Pagar and Ors. ..Respondents. Mr. R. M. Hardas for the applicant. Mr. D. P. Adsule, APP for the State. Coram : RANJIT MORE, J. Date : November 25, 2011. P. C. : 1. By the instant application, the Applicant is seeking restoration of Criminal Application No. 1816 of 2004. The said application came to be dismissed for non prosecution as the Applicant could not comply with the order dated 12th December 2005. The Applicant has given explanation for non compliance of the said order in para nos.3 to 6. The explanation for delay occurred in taking out the present application is also given. The said explanation, in my view, is sufficient to condone the delay and restore the application. srp -: 2 :- appr-431 Though the respondents entered appearance in the matter, have not contested the application by filing reply. In that view of the matter, the averments made in the application are deemed to have been accepted by the respondents. In the circumstances, application is allowed in terms of prayer clauses (a) and (b). Application stands disposed of. (RANJIT MORE, J.)