1 A IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.686 OF 2009 IN CRIMINAL APPEAL (ST.)NO.710 OF 2009 Vikas @ Umesh Babu Nayak .. Applicant V/s. The State of Maharashtra .. Respondents Mr.Umesh Mankapure, for the Applicant. Mr.P.A.Pol, A.P.P. for the State. CORAM : A.R.JOSHI, J. DATED : JULY 3rd , 2009. P.C. Heard learned A.P.P .for the State. 2. It is the application by applicant original accused No.3 preferred through jail for condonation of delay of 3 years and 165 days in preferring the appeal. Said accused No.3 alongwith co-accused Nos.1 and 2, was convicted for the offences punishable under section 392 and 397 and sentenced to suffer R/i.for 7 years and fine of Rs.1,000/- each. He was also sentenced for the offence under Arms Act. Total imprisonment awarded against him is of 7 years. He was reportedly 2 arrested in January, 2005 and till today in jail. Reportedly, accused Nos.1 and 2 had preferred separate appeal bearing No.1061 of 2005 and which was allowed by another Bench maintaining the conviction, altering the substantive sentences from 7 years to 4 ½ years. It appears that knowing such release of other co-accused, the present application for condontion of delay came to be filed. 3. Reportedly, as applicant accused No.3 is in jail since January, 2005, delay of 3 years and 165 days in preferring the appeal is condoned. The delay condonation application, is accordingly, disposed of. 4. Appeal is admitted and be taken up for hearing after eight weeks. In the meantime, it being the appeal from Jail and there is nobody to represent the applicant accused No.3, learned Advocate Shri Umesh Mankapure present in the court, agreed to defend the accused No.3 in the present appeal. Office is directed to supply all the relevant documents and papers to learned Advocate Shri.Mankapure. 5. S.O. for two months. (A.R. JOSHI, J.)