(1) FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CRIMINAL APPLICATION Nos:4308 & 4309 BOTH OF 2008 IN CRIMINAL APPEAL NO: 830/2008 (Shri Yuvraj Mandlik vs. Subhash Mange ) ------------------------------------------------------------------------------------------- Office Notes, Office Memorandum of Coram Court's or Judges Order appearances, Court's orders of directions & Registrar's orders. ............................................................................................................................ CORAM: A.P. BHANGALE,J. DATED: 27 th July, 2009. 1. Heard Mr. S R Borkar, learned counsel for the applicant. The learned Advocate for the applicant contends that there is delay of about 60 days in filing an application for Special Leave to Appeal in respect of judgment and order passed by learned Judicial Magistrate, First Class, Gondia in Summary Case No. 4325/2003 whereby the respondent was acquitted on 22.7.2009. According to learned Advocate since his father was bed-ridden due to paralytic attack and there was nobody to look after his father, the applicant was required to attend his father who ultimately and unfortunately died on 7.11.2008. Under these circumstances, the applicant could not prepare and prefer an application for Special Leave to Appeal, within specified period. Therefore, there is a delay of about 60 days in filing appeal and application for Special Leave to Appeal. 2. It appears that delay is not deliberate and due to circumstances which were beyond the control of the applicant ( original complainants). That being so, the delay is condoned. Application is allowed. CRIMINAL APPLICATION NO; 4309/2009. Issue notice to non-applicant, returnable on 10th August,2009. JUDGE sahare