1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.943 OF 2009 IN CRIMINAL APPEAL NO.435 OF 2003 The State of Maharashtra ...Applicant Vs. Mohd. Hussein Abdul Aziz Shaikh ...Respondent Mr.V.B.Konde-Deshmukh, A.P.P for the State Mr. Amin Solkar, Advocate for Respondent No.1 CORAM : B.H. MARLAPALLE & SMT.ROSHAN DALVI, JJ. Dated : 12TH OCTOBER, 2009 P.C. : 1.Heard Mr. Konde-Deshmukh, learned A.P.P and Mr. Solkar, learned Counsel for the Respondent No.1/Accused No.1. 2.Leave to amend. 3.In filing Criminal Appeal No.435/2003 there is a delay of about 2 years and 6 months though the office note states that the delay is by 1 year and 305 days. Hence this application for condonation of delay. 2 4.In the peculiar facts of this case we are satisfied that the delay caused deserves to be condoned and hence, the application is allowed in terms of prayer clause (a). [SMT.ROSHAN DALVI, J.] [B.H. MARLAPALLE, J.]