1 IN THE HIGH COURT OF JUD ICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 251 /2009 in CRIMINAL APPEAL NO...../2009 [ State of Maharashtra vs. Dilip Vithalrao Mandale and others ) ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr K D Dhote, APP for applicant Mr H D Deshmukh Adv.for Respondent .......... CORAM : A.P.BHANGALE, J. DATED : MARCH 8, 2010 . Heard. 2 By this application, the applicant-State has prayed for condonation of delay of 126 days in order to prefer Criminal Appeal challenging the judgment and order of acquittal which was passed by learned JMFC Court No.7 Akola on 16.2.2009 in Regular Criminal Case No. 8403/2003. 3 Learned APP prayed for condonation of delay on the ground that connected Criminal Revision Application filed by the first informant in the case bearing Criminal Revision Application No.125/2009 preferred against the same judgment and order, is admitted by this Court and is to be finally adjudicated. However earlier, the State could not prefer the appeal due to confusion in respect of interpretation of Act of XXV of 2005 which came into force on 23rd June 2006, as an 2 amendment to existing Criminal Procedure Code, 1973. The legal opinion was sought and awaited; as a result the delay has occurred which is not deliberate or intentional. 4 According to learned Advocate for respondent delay ought to have been explained properly as merely interpretation of amendment made to Criminal Procedure Code will not spell out a sufficient cause. Be that as it may; considering that the connected Criminal Revision Application is already admitted for final adjudication by this Court, leave is granted. Application is allowed. Appeal be registered and shall be shown along with connected Criminal Revision Application for final hearing and decision. Appeal is admitted. JUDGE sahare