FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders CRIMINAL APPLICATION NO.4243/2009 Mr. Amol Gandhi, advocate for applicant. Mrs. B.R.Khekale, APP for respondent - state Mr. D.M.Shinde, h/f K.M.Nagarkar adv for R-1,4 to 10. Mr. Y.B.Pathan, adv. for R-2 and 3. CORAM : SHRIHARI P. DAVARE, J. DATE : 22nd JUNE, 2010. 1. Heard learned counsel for the respective parties. 2. This is an application preferred by the applicant for condonation of delay of 27 days, caused in filing accompanying application, seeking leave to file appeal against the judgment and order of acquittal dated 29.8.2009, rendered by Judicial Magistrate F.C., Rahta in R.T.C. No.248/2005, acquitting the respondents/original accused for the offence punishable under Sections 494, 109 of Indian Penal Code. 3. Learned counsel for the respondents opposed the present application vehemently and submitted that present application bears no substance, same is devoid of any merits and applicant has failed to spell out cause of delay hence contended that present application be rejected. FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders 4. Considering the rival submissions, apparently, the applicant has spelt out the cause of delay i.e. paucity of funds in the present application. Moreover, it also appears from the contents of the application that delay caused in filing application, seeking leave to file appeal is not wilful, deliberate and intentional and certainly it is not inordinate, therefore same deserves to be condoned in the interest of justice. 5. In the result, present application is allowed in terms of prayer clause ‘A’ thereof and delay of 27 days caused in filing accompanying application seeking leave to file appeal stands condoned. Present application stands disposed of accordingly. ( SHRIHARI P. DAVARE, J. ) ... Dt : 22.06.2010 aaa/