IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL APPELLATE SIDE CRIMINAL APPELLATE SIDE CRIMINAL APPLICATION NO.7507 OF 2005 CRIMINAL APPLICATION NO.7507 OF 2005 CRIMINAL APPLICATION NO.7507 OF 2005 IN IN IN WCRIMINAL APPEAL NO.1059 OF 2005 WCRIMINAL APPEAL NO.1059 OF 2005 WCRIMINAL APPEAL NO.1059 OF 2005 Noor Mohammed Abdul Rehman Khokar ...Applicant Noor Mohammed Abdul Rehman Khokar ...Applicant Noor Mohammed Abdul Rehman Khokar ...Applicant Vs. Vs. Vs. The State of Maharashtra ...Respondent The State of Maharashtra ...Respondent The State of Maharashtra ...Respondent ----- ----- ----- Mr.V.T.Walawalkar with Mr. S.R.Bhalekar Advocates for Mr.V.T.Walawalkar with Mr. S.R.Bhalekar Advocates for Mr.V.T.Walawalkar with Mr. S.R.Bhalekar Advocates for the Applicant. the Applicant. the Applicant. Mr. V.B. Konde Deshmuksh, A.P.P. for the State Mr. V.B. Konde Deshmuksh, A.P.P. for the State Mr. V.B. Konde Deshmuksh, A.P.P. for the State CORAM: B.H.MARLAPALLE & ROSHAN DALVI, JJ. CORAM: B.H.MARLAPALLE & ROSHAN DALVI, JJ. CORAM: B.H.MARLAPALLE & ROSHAN DALVI, JJ. DATED: 6TH FEBRUARY, 2006 DATED: 6TH FEBRUARY, 2006 DATED: 6TH FEBRUARY, 2006 P.C. P.C. P.C. 1. This is an application for condonation of delay 1. This is an application for condonation of delay 1. This is an application for condonation of delay for filing Criminal Appeal No.1059 of 2005 against the for filing Criminal Appeal No.1059 of 2005 against the for filing Criminal Appeal No.1059 of 2005 against the order of conviction and sentence. order of conviction and sentence. order of conviction and sentence. 2. As per the Office note the delay caused is of 2. As per the Office note the delay caused is of 2. As per the Office note the delay caused is of 204 days. It has been stated that the 204 days. It has been stated that the 204 days. It has been stated that the applicant/Appellant was on bail during the trial and applicant/Appellant was on bail during the trial and applicant/Appellant was on bail during the trial and was taken in custody on 18th January 2005. The was taken in custody on 18th January 2005. The was taken in custody on 18th January 2005. The impugned order is passed on 18th January 2005 and the impugned order is passed on 18th January 2005 and the impugned order is passed on 18th January 2005 and the copy was received on 5th March 2005. The appellant copy was received on 5th March 2005. The appellant copy was received on 5th March 2005. The appellant was required to make necessary arrangements and was required to make necessary arrangements and was required to make necessary arrangements and therefore,this application. We are satisfied that the therefore,this application. We are satisfied that the therefore,this application. We are satisfied that the explanation furnished needs to be accepted and the explanation furnished needs to be accepted and the explanation furnished needs to be accepted and the delay deserves to be condoned. delay deserves to be condoned. delay deserves to be condoned. 3. Hence, the application is allowed and the 3. Hence, the application is allowed and the 3. Hence, the application is allowed and the delay of 204 in filing the appeal is hereby condoned. delay of 204 in filing the appeal is hereby condoned. delay of 204 in filing the appeal is hereby condoned. (ROSHAN DALVI,J.) (B.H.MARLAPALLE, J.) (ROSHAN DALVI,J.) (B.H.MARLAPALLE, J.) (ROSHAN DALVI,J.) (B.H.MARLAPALLE, J.)