1 crap3981.10 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3981 OF 2010 [The State of Maharashtra vs Kanhaiyyasinh s/o Govindsinh Tehra] _________________________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _________________________________________________________________________________ Smt. Y.M.Kshirsagar, A.P.P. for the applicant Shri S.B.Chavan, advocate for respondent sole ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 21 st April, 2011. PER COURT :- 1 Shri S.B.Chavan, learned counsel states that he has filed the Vakalatnama in the office for the sole respondent, as well as filed the affidavit in reply in the court on behalf of the respondent and same is taken on record. 2 Heard learned counsel for the parties. 3 This is an application preferred by the applicant for condonation of delay of 53 days caused in filing the accompanying Criminal Application seeking leave to file appeal against the judgment and order of acquittal dated 26.4.2010, passed by the learned 5 th Joint Judicial Magistrate, First Class, Nanded, in R.C.C.659 of 2005. 2 crap3981.10 4 Learned counsel for the respondent opposed the application vehemently and submitted that the present application bears no substance and same is devoid of any merits and same be dismissed. 5 Considering the contents of the application, as well as considering the contents of the affidavit in reply and also considering the rival submissions advanced by the learned counsel for the parties, 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. 6 In the result, present Criminal Application is allowed in terms of prayer clause 'B' thereof and delay of 53 days caused in filing the accompanying application seeking leave to file appeal stands condoned and present Criminal Application stands disposed of accordingly. (SHRIHARI P. DAVARE, J.) dbm/crap3981.10