1 kotian IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.79 OF 2011 in CRIMINAL APPEAL (ST) NO.61 of 2011 Jahid @ Sonu Mehboob Shaikh ..Applicant vs 1. State of Maharashtra ..Respondent Mr.Satish Kotian for Applicant Mr.S.A.Shaikh APP for Respondent. CORAM : N.D.DESHPANDE,J. DATED : February 28,2011 P.C. 1. This is an application for condonation of delay in filing the Appeal preferred against the order of conviction. The applicant by the impugned judgment and order dated 7.12.2009 of conviction has been sentenced to suffer seven years R.I. for the offence punishable under section 376 IPC and and to pay fine of Rs.4000/- in default to suffer R.I. For one year. There is a delay of 348 days in filing the Appeal and present applicant is in jail and could not give proper instructions to file the Appeal in time. He has also quoted reasons in his application. I have also found prima facie case to admit the Appeal. Hence, delay deserves to be 2 kotian condoned. Application is allowed and disposed of. 2. Appeal Admit. Learned APP waives service of notice. R and P be called for. 3. Bail Application cannot be considered at this stage since it is not in proper format. Moreover, there is nobody on behalf of applicant-accused before the Court who would stand surety in case his Bail Application is considered. For the said reasons, liberty is given to the applicant-accused to withdraw his bail application. Bail application is allowed to be withdrawn, with liberty. N.D.DESHPANDE, J