FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders CRIMINAL APPLICATION NO.793/2010 Mr. M.P.Gandle h/f Mr. S.S.Thombre, advocate for applicant. Mr.R.I.Wakude, h/f R.J.Godbole adv for respondent No.1. Respondent No. 2 absent although served. CORAM : SHRIHARI P. DAVARE, J. DATE : 24TH JUNE, 2010. 1. Heard Mr. Gandle h/f Mr S.S.Thombre advocate for applicant, Mr. Wakude h/f Mr. Godbole advocate for respondent No.1. None appears for respondent No.2 although served. 2. Learned counsel for the respondent No.1 tendered xerox copy of death certificate of respondent No.1, same is taken on record and marked as document ‘X’ for identification purpose. On perusal of said death certificate, it is seen that respondent No.1 namely Padmakar Mallikarjun Patil expired on 20.5.2010. 3. Hence in view of the said position, learned counsel for the applicant submits that since respondent No.1 is expired, on instructions applicant withdraws present application against respondent No.1 and accordingly present application stands dismissed and withdrawn as against deceased respondent No.1. FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders 4. This is an application preferred by the applicant for condonation of 9 days delay caused in filing accompanying application seeking leave to file appeal against the judgment and order of acquittal dated 27.11.2009. 5. For the reasons stated in the application, it appears that applicant has explained delay satisfactorily. It also appears that said delay is not wilful, deliberate and intentional and same deserves to be condoned in the interest of justice. 6. In the result, present application is allowed in terms of prayer clause ‘B’ thereof and delay of 9 days caused in filing criminal application seeking leave to file appeal stands condoned and present application stands disposed of accordingly. ( SHRIHARI P. DAVARE, J. ) ... Dt : 24.06.2010 aaa/