1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.689 OF 2010 IN CRIMINAL APPLICATION NO.688 OF 2010 _____________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _____________________________________________________________________ Mr.S.D. Kaldate, A.P.P. for applicant. Mr.G.V. Deshpande, advocate for respondent nos.1 to 4. 1. Heard Mr.S.D. Kaldate, learned A.P.P. for applicant as well as Mr.G.V. Deshpande, learned counsel for respondent nos.1 to 4. 2. This is an application preferred by applicant- State for condonation of delay of 12 days caused in filing accompanying appeal against the judgment and order of acquittal rendered by learned Adhoc Additional Sessions Judge, Latur dated 10.09.2009 in Special Case (Atrocity) No.5/2009, acquitting the respondent nos.1 to 4 (original accused) for the offence punishable under Section 3(1)(x) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 7(1)(3) of the Protection of Civil Rights 2 Act, 1955 and under Sections 323, 504, 506 of the Indian Penal Code. 3. Learned counsel for respondent nos.2 to 4 opposed this application vehemently and submitted that the present application bears no substance and same is devoid of any merits and is liable to be rejected. 4. Considering the rival submissions advanced by learned counsel for the parties and for the reasons stated in the application, the applicant has explained the delay satisfactorily. It appears that the said delay is not willful, deliberate and certainly it is not inordinate and therefore, the delay of 12 days caused in filing accompanying appeal is deserves to be condoned in the interest of justice. 5. In the result, the present application is allowed in terms of prayer clause `B' thereof and delay of 12 days caused in filing accompanying appeal against the judgment and order of acquittal is condoned. The present application is disposed of accordingly. (SHRIHARI P. DAVARE), JUDGE. 26.07.2010 gas/cri689.10