1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1394 OF 2003 IN CRIMINAL APPLICATION NO. 1393 OF 2003 Peter Benedict Fernandes ...Applicant (Orig.Complainant) vs. John Pais & Ors. ...Respondent Mr.G.S. Bhat for the Applicant. Mr.jignesh Gor i/b. Mr.N. Raju for the Respondent. Mrs.R.V. Newton, APP for the State. CORAM : V.M. KANADE, J. DATED : MARCH 19, 2010 P.C. :- 1 Heard Counsel for the applicant. 2 There is a delay of 2 years in filing this application for leave to file appeal. The original complaint was filed in 1986. The accused was discharged on 26.12.2000. Thereafter, criminal 2 revision application was filed which was also rejected on 15.1.2003. No explanation has been given for the delay caused in filing the application. In view of the discharge of the accused in 2000, right has accrued in favour of the respondents. The incident, in question, is of the year 1981. 3 Taking into consideration the aforesaid facts, no case is made out for condonation of delay. It is, however, clarified that the petitioners appear to have bonafidely prosecuted the criminal revision application which was filed in the Sessions court. The application accordingly, is disposed of. Appeal does not survive and is disposed of. (V.M. KANADE, J.)