1 rma IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1229 OF 2009 IN CRIMINAL APPEAL (ST) NO. 1062 OF 2009 Radheshyam Bhagwandas Shah .. Applicant Vs State of Gujarat and Others .. Respondents Mr. S.M. Shukla for the Applicant Ms. P.H. Kantharia, Special P.P. for the State CORAM : SMT. RANJANA DESAI & SMT. V.K. TAHILRAMANI, JJ. DATE : 17th June, 2010 P.C.: 1. The appellant has impugned the judgment and order dated 21.01.2008 passed by the Special Court at Greater Bombay convicting him for the offences under sections 143, 147, 148, 302 read with section 149, 376(2)(e) and (g) of the I.P.C. He has interalia been sentenced to life imprisonment. There is 440 days' delay in filing the appeal. 2. In this application, the applicant has prayed for condonation of delay. It is stated that the applicant comes from a poor family and his family members could not travel to Mumbai to engage an advocate to file the appeal. 3a.appa1229-09 2 The application has been served on the C.B.I as far back on 20.04.2010. Affidavit of service has been filed. However, no affidavit in reply has been filed by the C.B.I. Hence, for the reasons stated in the application which appear to us to be acceptable, we condone the delay. 3. Application is disposed of. [SMT. RANJANA DESAI, J.] [SMT. V.K. TAHILRAMANI, J.] 3a.appa1229-09