1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL APPELLATE SIDE CRIMINAL APPELLATE SIDE CRIMINAL APPLICATION NO.6407 OF 2005 CRIMINAL APPLICATION NO.6407 OF 2005 CRIMINAL APPLICATION NO.6407 OF 2005 IN IN IN CRIMINAL APPEAL NO.894 OF 2005 CRIMINAL APPEAL NO.894 OF 2005 CRIMINAL APPEAL NO.894 OF 2005 The State of Maharashtra ...Applicant The State of Maharashtra ...Applicant The State of Maharashtra ...Applicant Vs. Vs. Vs. Babubhi @ Zaverchand Harjivan Babubhi @ Zaverchand Harjivan Babubhi @ Zaverchand Harjivan Sheth & Ors. ...Respondents Sheth & Ors. ...Respondents Sheth & Ors. ...Respondents ----- ----- ----- Mr.V.B.Konde-Deshmukh A.P.P. for Applicant Mr.V.B.Konde-Deshmukh A.P.P. for Applicant Mr.V.B.Konde-Deshmukh A.P.P. for Applicant CORAM: B.H.MARLAPALLE & ROSHAN DALVI, JJ. CORAM: B.H.MARLAPALLE & ROSHAN DALVI, JJ. CORAM: B.H.MARLAPALLE & ROSHAN DALVI, JJ. DATED: 24TH JANUARY, 2006 DATED: 24TH JANUARY, 2006 DATED: 24TH JANUARY, 2006 P.C. P.C. P.C. 1. Heard Mr. Konde-Deshmukh learned A.P.P. The 1. Heard Mr. Konde-Deshmukh learned A.P.P. The 1. Heard Mr. Konde-Deshmukh learned A.P.P. The 3rd Additional Sessions Judge, Raigad has convicted 3rd Additional Sessions Judge, Raigad has convicted 3rd Additional Sessions Judge, Raigad has convicted and sentenced accused nos.1 to 4 for the offence and sentenced accused nos.1 to 4 for the offence and sentenced accused nos.1 to 4 for the offence punishable under Sections 120(B), 364, 302 and 201 punishable under Sections 120(B), 364, 302 and 201 punishable under Sections 120(B), 364, 302 and 201 r.w. Section 34 of the Indian Penal Code and r.w. Section 34 of the Indian Penal Code and r.w. Section 34 of the Indian Penal Code and sentenced them. However, for the offence punishable sentenced them. However, for the offence punishable sentenced them. However, for the offence punishable under Section 302 r.w. Section 34 all the present under Section 302 r.w. Section 34 all the present under Section 302 r.w. Section 34 all the present Respondents have been sentenced to undergo rigorous Respondents have been sentenced to undergo rigorous Respondents have been sentenced to undergo rigorous imprisonment for life. The order dated 9th June 2005 imprisonment for life. The order dated 9th June 2005 imprisonment for life. The order dated 9th June 2005 passed in Special Case No.10 of 2004 under the passed in Special Case No.10 of 2004 under the passed in Special Case No.10 of 2004 under the provisions of SC and ST Act has been challenged in provisions of SC and ST Act has been challenged in provisions of SC and ST Act has been challenged in Criminal Appeal No.894 of 2005 by the State of Criminal Appeal No.894 of 2005 by the State of Criminal Appeal No.894 of 2005 by the State of Maharashtra but belatedly and hence, this Application Maharashtra but belatedly and hence, this Application Maharashtra but belatedly and hence, this Application for condonation of delay. for condonation of delay. for condonation of delay. 2. As per the Office note the delay caused s 2. As per the Office note the delay caused s 2. As per the Office note the delay caused s of 29 days and we are satisfied with the reasons made out 29 days and we are satisfied with the reasons made out 29 days and we are satisfied with the reasons made out 2 to condone the delay in the application hence, the to condone the delay in the application hence, the to condone the delay in the application hence, the application is allowed in terms of prayer clause a(i). application is allowed in terms of prayer clause a(i). application is allowed in terms of prayer clause a(i). . List the Appeal for admission on 1st February . List the Appeal for admission on 1st February . List the Appeal for admission on 1st February 2006. 2006. 2006. (ROSHAN DALVI,J.) (B.H.MARLAPALLE, J.) (ROSHAN DALVI,J.) (B.H.MARLAPALLE, J.) (ROSHAN DALVI,J.) (B.H.MARLAPALLE, J.)