IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR CRIMINAL APPLICATION NO.1358/2006 IN APPEAL 202/06 State of Mah ..vs.. Damodar Gawai =================================== CORAM: S.R. DONGAONKAR, J. DATE: 3.3.2008 Heard Mr. Thakre, A.P.P. for applicant- state and Mr. V.M. Deshpande Advocate for respondent. This is an application for condonation of delay in preferring an appeal against acquittal of the respondents. The case is for the offence u/s 7, 13(1)(d) r/w 13(2) of the Prevention of Corruption Act. Delay is of about 149 days in preferring the appeal and application for special leave. The affidavit of the District Government Pleader Bhandara has been filed o in the delay. The delay is sought to be explained on the ground that the concerned clerk did not put up the matter before the District Government Pleader as directed to him. This appears to be sorry state of affairs of the G.P. office which calls for immediate correction. But then considering the circumstances of the case, the delay in preferring the application for special leave has to be condoned. Therefore, the delay is condoned, however, subject to cost of Rs.1000/- to be deposited in High Court Legal Aid Sub Committee, as wished by counsel for non applicant. The applicant is entitled to recover amount of the said costs from the concerned officials who are liable for the lapses. Application for special leave to file appeal filed by the state be listed for admission along with the appeal. JUDGE smp.