1 crap3145.10 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3145 OF 2010 IN CRIMINAL APPLICATION NO. 3144 OF 2010 [Shaikh Khadir Shaikh Babamiya vs Arun Uttamrao Kulkarni] _________________________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _________________________________________________________________________________ Shri S.K.Naikwade, advocate for the applicant Ms Amruta Khandare h/f Shri S.S.Thombare, advocate for respondent ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 25 th April, 2011. PER COURT :- 1 Learned counsel Ms Amruta Khandare holding for Shri S.S.Thombare, learned counsel, states that she has instructions to appear on behalf of the respondent and undertook to file Vakalatnama for the respondent in the office during the course of the day. 2 Heard learned counsel for the parties. 3 This is an application preferred by the applicant for condonation of delay of 16 days caused in filing the accompanying Criminal Application seeking leave to file appeal against the judgment and order of acquittal dated 2 crap3145.10 14.5.2010, passed by the learned Joint Civil Judge, Senior Division and Judicial Magistrate, First Class, Beed, in S.C.C. No. 839 of 2009. 4 Ms Amruta Khandare holding for Shri S.S.Thombare, learned counsel for the respondent opposed the application vehemently and submitted that the present application is without any substance and same is devoid of any merits and same be dismissed. 5 For the reasons stated in the application, it appears that the applicant has explained the delay satisfactorily and it further appears that the delay caused in filing the accompanying application is not willful, deliberate and intentional and same deserves to be condoned in the interest of justice. 6 In the result, present Criminal Application is allowed in terms of prayer clause 'B' thereof and delay of 16 days caused in filing the accompanying application seeking leave to file appeal stands condoned and the present Criminal Application stands disposed of accordingly. (SHRIHARI P. DAVARE, J.) dbm/crap3145.10