1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No.71 of 2010 In Criminal Revision Application No. of 2009 (State of Maharashtra v. Kaustubh s/o Vasudeorao Buty and others) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Smt. T.D. Khade, APP for Applicant. Shri S.V. Sirpurkar, Advocate for Respondent Nos.1 and 2. Shri A.C. Dharmadhikari, Advocate for Respondent Nos.3 and 4. Coram : R.M. Borde, J. Dated : 2 nd July, 2010 This is an application seeking condonation of delay in presenting the revision application against the order passed by the learned Additional Sessions Judge refusing to condone the delay in presenting the appeal by the State. It appears that the Trial Court, while dealing with Regular Criminal Case No.118 of 2001, held the accused-respondents guilty of the offence punishable under Section 448 read with Section 34 of the Indian Penal Code and sentenced them to suffer simple imprisonment for two months. However, the accused were acquitted of the offences punishable under Sections 148, 325 and 427 of the Indian Penal Code. It is informed that the original accused preferred an appeal being Criminal Appeal No.82 of 2007, which came to be heard and disposed of by the learned Additional Sessions Judge, Nagpur, on 12-4-2010. The said appeal is allowed and the judgment and order passed by the Trial Court is set aside. 2 The State intended to raise challenge to the order passed by the Trial Court in Regular Criminal Case No.118 of 2007 and there occurred delay in presenting the appeal. The said application was rejected by the learned Additional Sessions Judge. The order passed by the Trial Court has merged with the appellate order passed in Criminal Appeal No.82 of 2007. The order of the Trial Court thus is not amenable to challenge in an appeal against order of acquittal. In this view of the matter, the instant application as well as revision application need no consideration. The criminal application as well as criminal revision application stand rejected. Judge. pdl.