1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Criminal Application No.68 of 2009 In Criminal ApplicationNo.491 of 2009 The State of Maharashtra Applicant Vs. Dattatraya Laxman Aacharya & anr. Respondents Mr.D.P.Adsule, APP for State. Mr.A.R.Arjunwadkar for respondent no.1. CORAM: B. H. MARLAPALLE & A.A. SAYED, JJ. April 23, 2010. P.C. 1. We have heard Mr.Adsule, the learned APP. Affidavit explaining the delay has been filed by Shri Prabhakar Bhagwat, Inspector attached to Anti Corruption Bureau, Raigad-Alibaug as well as Shri Satish Mhatre, Additional Public Prosecutor, Dist Raigad and who had conducted the trial in Sessions Case No.5 of 1997. The order of acquittal came to be passed on 18/7/2008 and the application for certified true copy was submitted 11 days later i.e. on 29/7/2008. Though it was ready on 27/8/2008, it was collected on 12/9/2008. The learned Additional Public Prosecutor 2 submitted the papers to the Law and Judiciary Department on 6/11/2008 and they were received at Mumbai on 15/11/2008. The Government passed its resolution on 20/12/2008 which was received by the office of the Public Prosecutor in the High Court on 24/12/2008. This application has been filed on 14/1/2009. 2. It is well settled that the application seeking leave to appeal under Section 378(3) is required to be filed within ninety days and, therefore, this application is beyond time by over 60 days. 3. Having regard to the explanation furnished in both the above referred affidavits, we are satisfied that good and sufficient reasons have been made out to condone the delay. 4. Hence the application is allowed in terms of prayer clause (a). List Criminal Application No.491 of 2009 for further orders on 28th April 2010. (A.A. SAYED, J.) (B. H. MARLAPALLE, J.)