1 (Cr.appln 381/10) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.381 OF 2010 IN CRIMINAL APPEAL NO. OF 2009 Jaswantlal Baldevdas Darji .... Applicant. V/s Dattu alias Dattoba Gangaram Tule .... Respondent. Mr. Tejesh Dande for the appellant. Mrs. M.R. Tidake, APP for the State. CORAM: V. M. KANADE, J. DATE : 3rd September, 2010 P.C.:- 1. This is an application for condonation of delay in filing the application for leave to file appeal. There is delay of 5 years and 214 days in filing the application for leave to file appeal. 2. It is submitted that the accused was acquitted by the Trial Court by order dated 31/3/2004 and against the said order, a Writ Petition was filed on 3/8/2004. This Writ Petition was dismissed on 15/4/2008 and, thereafter, the application for leave to file appeal was filed on 16/12/2009. It is submitted that due to pendency of Writ Petition in this 2 (Cr.appln 381/10) Court, there was delay of almost about 4 years. It is submitted that the applicant came to know that his Writ Petition was dismissed only on 30/11/2009 and, thereafter, the present application was filed on 17/12/2009. It is, therefore, submitted that the delay caused may be condoned. 3. It is not possible to accept the submission made by the learned Counsel appearing on behalf of the applicant. After acquittal of the accused, right accrues in favour of the accused after the appeal period is over and, as such, any delay caused thereafter has to be explained. In the present case, though Writ Petition was filed in this Court and the said Writ Petition was dismissed on 15/4/2008, no steps appear to have been taken by the applicant to find out the outcome of the Writ Petition from 2004 to 2008 or even thereafter for a period of one year. Therefore, even if the period from 3/8/2004 to 15/4/2008 is excluded, still there is a delay of almost one year and six months. 4. Under these circumstances, it is not possible to condone the delay in filing the application for leave to file appeal. Criminal Application for condonation of delay is accordingly dismissed. (V.M. KANADE, J.)