1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1318 OF 2009 WITH CRIMINAL APPLICATION NO.1317 OF 2009 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Smt.B.R.Khekale, APP for the applicant. Shri V.B.Patil Advocate for respondent. 1. This is an application seeking condonation of delay of 50 days in filing application for grant of leave to appeal against the order of acquittal passed by learned Additional Sessions Judge-I, Jalgaon as Special Judge, in Special Case No.14 of 2007 decided on 20.11.2008. 2. Heard learned A.P.P. for applicant and learned Advocate for the respondent. 2 3. In the application, it is stated that after the judgment was delivered by the learned Sessions Judge on 20.8.2008, proposal was submitted for according sanction to file appeal and the sanction was received only on 13.4.2009 and on the same day file was allotted to the A.P.P. for drafting appeal and the present application with application for leave to appeal is filed thereafter immediately 20.4.2009. 4. It is further submitted by learned APP that delay is not intentional, but it occurred due to administrative reasons. 5. Shri V.B.Patil, learned Advocate for the respondent vehemently opposed the application for condonation of delay, saying that the reasons stated in the said application are vague. Advocate Shri Patil relied upon the case of Kamalabai vs. Ganpat, 2007 (1) Mh.L.J. 807. It is observed in paragraph 10 that the grounds for delay 3 should be spelt out clearly and distinctly in the application filed under Section 5 of the Limitation Act. 6. Considering the facts and circumstances and the nature of the offence, I am of the opinion that this is a fit case wherein leave to appeal deserves to be granted. 7. Hence, leave granted. Application allowed. Date:19/11/2009 (P.R.BORKAR, J.) pnd/criap1318.09