1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 2679 OF 2008 Dr. Sunil s/o Narhari Basatwar ...Applicant VERSUS Umesh s/o Jagdish Sharma ...Respondent ..... Shri S.G.Rudrawar, advocate for the applicant Shri H.I.Pathan, advocate for the respondent. ..... CORAM SHRIHARI P.DAVARE, J. DATED : 28 th JULY, 2009. ORAL ORDER : 1 Perused. 2 The applicant (original complainant) has preferred the present application for condonation of delay of 3 days in preferring the accompanying Criminal Application for leave to file 2 Appeal. The applicant has putforth the reasons for delay of 3 days caused in filing the accompanying Criminal Application for leave to file Appeal in para 3 of the present application. The applicant also submits that the said delay is not willful, deliberate and intentional and, therefore, requested that the same be condoned. 3 The learned counsel for the respondent opposed the present application vehemently and submitted that the present application bears no substance and is devoid of any merits and same be rejected. 4 Heard learned respective counsel for the parties. 5 Considering the rival submissions and reasons put forth by the applicant for delay of 3 days in filing the accompanying Criminal Application for leave to file appeal Appeal in para 3 of the present application, it is apparent that the delay caused in filing the accompanying Criminal Application for leave to file Appeal is hardly 3 days and the reasons appear to be sufficient ground for condoning the said delay. Moreover, it appears that the delay caused in filing the accompanying Criminal Application for leave to file Appeal is not willful, deliberate and intentional, as well as the same is not inordinate, and hence, the same is required to be condoned. 3 6 Moreover, the applicant is required to be given opportunity to prosecute the accompanying Criminal Application for leave to file appeal and, therefore, also present application is required to be allowed in the interest of justice. 7 In the result, present application succeeds and same is allowed in terms of prayer clause ‘B’ thereof and 3 days delay caused in preferring the accompanying Criminal Application for leave to file Appeal stands condoned and the accompanying Criminal Application No. 2662 of 2008 for leave to file appeal be fixed for hearing in due course. (SHRIHARI P. DAVARE, J.) dbm/crap2679.08