1 crap3216.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 3216 OF 2010 Vitthalsingh Suppadsingh Rajput ...Applicant VERSUS Anil Laxman Bhise & anr. ...Respondents ..... Shri C.S.Dharurkar, advocate h/for Shri V.S.Gaike, advocate for appellant Shri S.J.Salunke, advocate for respondent no.1 Shri V.G.Shelke, A.P.P. for respondent no.2 ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 9 th March, 2011 PER COURT : 1 Shri S.J.Salunke, learned counsel has filed Vakalatnama for respondent no.1 and same is taken on record. Heard Shri C.S.Dharurkar, advocate h/for Shri V.S.Gaike, advocate for appellant, Shri S.J.Salunke, advocate for respondent no.1 and Shri V.G.Shelke, A.P.P. for respondent no.2. 2 crap3216.10 2 This is an application preferred by the applicant for condonation of delay of 152 days caused in filing the accompanying Criminal Application seeking leave to file appeal against the judgment and order of acquittal dated 11.1.2010 passed by the learned Judicial Magistrate, First Class, Vaijapur, in Summary Criminal Case No. 120 of 2007. 3 Shri S.J.Salunke, learned counsel for respondent no.1 opposed the present application vehemently. 4 The applicant has pleaded the ground of sickness of the applicant for condonation of delay and substantiated the same by the medical certificate, dated 30.7.2010, which is produced at Exh. ‘A’. Accordingly, for the reasons stated in the application, it appears that the applicant has explained the delay satisfactorily and it further appears that the delay caused in filing the accompanying application is not willful, deliberate and intentional and same deserves to be condoned in the interest of justice. 5 Hence, present Criminal Application is allowed in terms of prayer clause 'B' thereof and delay of 152 days caused in filing the accompanying application seeking leave to file appeal stands condoned and accompanying Criminal Application be registered and 3 crap3216.10 numbered. The present Criminal Application stands disposed of accordingly. (SHRIHARI P. DAVARE), JUDGE. dbm/crap3216.10