APPA/5431/2009 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5431 OF 2009 IN CRIMINAL APPEAL (ST.) NO...... OF 2009 The State of Maharashtra ... Applicant V/s. Krushna @ Babu Chandrashekhar Umai & Ors. ... Respondents Mrs. A.S. Pai, APP, for the Applicant-State. Mr. N.V. Kalantri i/b. Kalantri & Associates for Respondent No.1. CORAM : B. H. MARLAPALLE & A.M. THIPSAY, J.J. DATE : 8 TH APRIL, 2011. P.C. : 1. Heard Mrs. Pai, the learned APP, for the Applicant-State of Maharashtra. This is an application for condonation of delay caused in filing Criminal Appeal seeking leave to appeal against the order of acquittal. 2. Mr. Kalantri appears for Respondent No.1. Respondent Nos.2 and 3 have not caused their appearance though they have been duly served. As per the conditional order passed by this Court on 11th January, 2011, this Application does not survive against Respondent No.4. APPA/5431/2009 2 Dixit 3. As per the office note, the application seeking leave to appeal is beyond time by 68 days. The reasons for the delay have been set out in paragraph Nos.2 and 3 of this application and we are satisfied that those grounds amount to sufficient reasons to condone the delay. 4. Hence, the application is allowed in terms of prayer clause (b). 5. Place the Criminal Appeal for admission after two weeks. [A.M. THIPSAY, J.] [B.H. MARLAPALLE, J.]