1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICAITON NO.491 OF 2007 IN CRIMINAL APPEAL NO. OF 2007 Shri Shivaji K. Tambe. ..Applicant. V/s. Shri Balasaheb R. Nagwade & Ors. ..Respondents. Mr.A.P.Kulkarni for Applicant. Mr.K.V.Saste, APP for Respondent-State. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : APRIL 15, 2008. DATE : APRIL 15, 2008. DATE : APRIL 15, 2008. P.C. : P.C. : P.C. : 1. Although the private Respondent No.1, who is the contesting Respondent has been duly served, none appears when the matter is called out. No reply affidavit has been filed to counter the assertions made in the Application. The delay is only of 107 days. The Applicant has offered sufficient explanation to condone the delay, which has remained uncontroverted. Accordingly, the Application is made absolute in terms of prayer clause (a). (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)