1 (cri.appln 190 of 2009) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 190 OF 2009 IN CRIMINAL APPLICATION NO. 235 OF 2007 IN CRIMINAL APPLICATION NO. 1353 OF 2007 Virendra Ramkripal Pandey ...Applicant Vs. The State of Maharashtra and Ors. ...Respondents ----- Mrs.Sharmila Kaushik i/b. Mrs. R. Satyananarayanan for Applicant Mr. P.S. Hingorani -APP for the State ----- CORAM: V.M. KANADE J. DATED: 7TH DECEMBER, 2010 P.C. 1. Heard the learned counsel appearing on behalf of the Applicant. 2. This is an application for condonation of delay in filing the present application for restoration of the criminal application for leave to file appeal which was dismissed for want of prosecution by this Court by 2 (cri.appln 190 of 2009) order dated 11.4.2008. There is a delay of 312 days in taking out the present application. In the said application, it is stated that when the Applicant contacted his advocate in January, 2009, he came to know that his application had been dismissed on 11.4.2008. 3. In my view, sufficient explanation has not been given for condoning the delay. In order to ensure that there is no injustice caused to the Applicant, I have heard the learned counsel for the Applicant at length. She invited my attention to the order passed by the Trial Court who was pleased to convict the Respondent Nos.2 and 3 -Accused and also the order of the Sessions Court who was pleased to acquit the Respondent-Accused by his judgment and order. The Sessions Court has given cogent reasons while acquitting the accused and, therefore, it will not be possible to substitute the reasons given by the Sessions Court and convict the accused unless it is shown that the reasoning of the Sessions Court is perverse. 4. In my view, even otherwise, on merits the Applicant has no no case and, therefore, leave could 3 (cri.appln 190 of 2009) not have been granted. Hence Application for condonation of delay is dismissed. The criminal application No. 1353 of 2007 does not survive and is also disposed of. (V.M. KANADE J.)