1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR Criminal APPP No. 748/2011 in Misc. Criminal Application No. 503/2011 (APPA) in Criminal Appeal No.231/2001 Krushna s/o Piraji Sawle Vs. The State of Maharashtra =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Mr. A. A. Gupta, Advocate for the applicant. Mr. C. N. Adgokar, A.P.P. for the respondent. CORAM : U.V. BAKRE, J. DATED : 20/08/2011. 1] Heard. 2] The applicant is the widow of the appellant, who died on 29.4.2011. 3] The applicant has stated that on account of the case, her husband was terminated from service and all the service benefits have been withheld. Therefore, the applicant has filed the Criminal Misc. Application No. 503/2011 for leave to continue the Appeal but since there is delay of 66 days in filing the same, the present application has been filed. 4] According to the applicant, she is simple house wife and did not know the details of the present 2 appeal during the lift time of her husband and also did not know the address and details of the counsel for the appellant. It is also stated by her that the trauma of losing her husband in an advance stage of life also prevented her from expeditiously procuring the details. According to the applicant, it was one of her relatives who helped her to trace the details of the counsel. Therefore, there is delay, which according to the applicant, is unintentional and bonafide. 5] Considering the said statement made by the applicant on oath and in the interest of justice, I hold that the delay is bonafide and unintentional and deserves to be condoned. 6] Hence, the application is allowed. Misc. Cr. Application (APPA) No.503/2011 1] Heard. 2] This is an application filed by the wife of the appellant for leave to continue the appeal. 3] On account of the conviction, the appellant was terminated from service and his service benefits have been withheld. There is therefore good ground for wife i.e. the applicant to continue the appeal. 3 4] I do not see any malafide intention on the part of the applicant. 5] Hence, in the interest of justice, the application is allowed. 6] The applicant is permitted to continue with the appeal. JUDGE Ambulkar.