1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 8917 OF 2007 IN SECOND APPEAL STAMP NO. 15875 OF 2007 1. Haribhau S/o Narayan Kale and others .. .. Applicants Versus 1. Bapurao S/o Munjaji Kakde and others .. .. Respondents Shri S. N. Boiwar, Advocate h/f Mrs. M. A. Kulkarni, Advocate for the Applicants. CORAM : N. D. DESHPANDE, J. DATE : 11TH DECEMBER, 2009. ORAL ORDER : 1. Heard Shri Boiwar, learned counsel holding for Mrs. M. A. Kulkarni, learned counsel for the applicants/appellants (since absent leave note). None present for the respondents. This is an application for condonation of delay of five months precisely of 169 days as per office note caused in preferring the second appeal by the applicants/appellants. The reason stated is that, they were falsely involved in a Criminal case and arrested on 31.10.2005 and they were in jail and acquitted in the month of October 2006. So they were unaware about the progress of the appeal which was disposed of vide impugned judgment and order dated 06.12.2006 by the Principal District Judge, Parbhani. They were not in the 2 village after they released from jail in April, 2006. They returned to village and came to know about the decision in first appeal. Hence this application for condonation of delay of 169 days. 2. The reasons stated by the applicants have substantiated their application by filing copy of judgment of the Additional Sessions Judge, Parbhani dated 05th October, 2006 and they were acquitted from a charge of murder. Thereafter, they did not came to village directly. It is quite natural that even after acquittal, the accused are not welcomed or accepted in the society immediately. Though, the delay is of 169 days is a long period, but is explained by the applicants/appellants and could be sufficient cause that prevented them from filing second appeal within time limit. 3. There is also provision under Section 5 of the Limitation Act 1963 for extension of period of limitation beyond the period of limitation prescribed. The applicants have made out case for condonation of delay. As such, the present application for condonation of delay is allowed. So also extension of 169 days period is granted. The civil application is disposed of accordingly. The second appeal now be registered and numbered and should be listed for admission after winter vacation. [ N. D. DESHPANDE, J.] bsb/Dec.09