(1) Cri. Application No. 3135 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Application No. 3135 of 2011 (In Criminal Application No. 3134 of 2011) Devgiri Nagri Sahakari Pat Sanstha Ltd., Jalna, Through its authorized signatory, Nandkishor s/o. Vitthalrao Deshmukh, Age : Major, Occupation : Service, having its office at Double Gin, Jalna, Taluka and District : Jalna. .. Applicant. versus 1. The State of Maharashtra. 2. Subhash s/o. Purushottam Kannadkar, Age : 60 years, R/o. Arya Channakya Nivashi School, Jatwada (Harkal) at Jatwada, Taluka and District : Aurangabad. .. Respondents. ....................... Mr. S.B. Joshi, Advocate, for the applicant. Smt. Y.M. Kshirsagar, Additional Public Prosecutor, for respondent no.1. (2) Cri. Application No. 3135 of 2011 Mr. N.S. Kadarale, Advocate, holding for Mr. M.M. Patil (Beedkar), Advocate, for respondent no.2. ........................ CORAM : SHRIHARI P. DAVARE, J. DATE : 1ST DECEMBER 2011 COURT'S ORDER : 1. Heard learned respective Counsel for the parties. 2. This is an application preferred by the applicant for condonation of delay of 57 days caused in filing accompanying Criminal Application seeking leave to file appeal. 3. Learned Counsel for respondent no.2 has opposed the present Application vehemently and submitted that it bears no substance, and therefore, same be rejected. 4. Considering the contents of the application and additional affidavit filed by the applicant, and after considering rival submissions advanced by the learned Counsel for the parties, it appears that the applicant has explained the delay satisfactorily. Moreover, the said delay does not appear to be (3) Cri. Application No. 3135 of 2011 willful, deliberate or intentional and, therefore, the same deserves to be condoned in the interest of justice. 5. In the result, Criminal Application is allowed in terms of prayer clause "A" thereof, and delay of 57 days caused in filing the accompanying Criminal Application for leave to file appeal, stands condoned. Present Criminal Application stands disposed of accordingly. ( SHRIHARI P. DAVARE ) JUDGE ......................... bgp/ka3135