27.cr appln 3679-09.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3679 OF 2009 The State of Maharashtra .. Applicant Vs Pravinkumar Devichand Jain .. Respondent Ms. A.A. Mane, APP for the State Mr. S.M. Kamble for the Respondent CORAM : SMT. V.K. TAHILRAMANI, J DATE : 8th OCTOBER, 2010. P.C.: 1. Heard. 2. The State has preferred this application for condonation of delay in filing Cri. Application for leave to file Appeal. Being aggrieved by the judgment and order dated 27th February 2007 passed by the learned Sessions Judge (POC), Thane in Special Case No. 15 of 2004 whereby the respondent-original accused came to be acquitted, the State filed application for leave to file appeal. As there was delay of 767 days in filing the said application for leave to file appeal, this application for condonation of delay has been preferred. 3. Para 2 of the application reads as under: "The Applicant submits that they filed an application for certified copy on 23.03.2009. It was ready on 23.03.2009 and the same was delivered on 23.03.2009. 1 27.cr appln 3679-09.doc The last date of filing the Application for leave to Appeal was 27.05.2007. The Applicant says that after scrutiny of papers by the Director, Directorate of Public Prosecution, Mumbai, the same was submitted to the Law and Judiciary Department, Mantralaya, Mumbai vide its Letter bearing No. Appeal/77/DPQ/9/864/2009 dated 26.05.2009, stating that the matter is fit for filing an Appeal." It is further stated in the application that thereafter a GR came to be issued on 6th June 2009 which was received in the office of the Public Prosecutor on 9th June 2009 and the application for leave to file came to be filed on 3rd July 2009. 4. As far as the period from 27th February 2007 to 26th May 2009 is concerned, no explanation at all has been furnished in the application. The impugned judgment and order is dated 27th February 2007. From the date that the judgment came to be passed till 26th May 2009, no explanation at all has been furnished except the explanation in para 2 which has been reproduced above. Thus, this period of over two years remained totally unexplained, hence, in my opinion, no sufficient cause has been made out for condonation of delay caused in filing the application for leave to file appeal. Hence, the application is rejected. Consequently, application for leave to file appeal is also disposed of. [SMT. V.K. TAHILRAMANI, J.] 2 27.cr appln 3679-09.doc 3