1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPP) NO. 82/2009 IN CRIMINAL APPLICATION NO. 2940/2009 IN CRIMINAL APPEAL NO. /2009 (STATE OF MAHARASHTRA VS. SOMNATH SHANKAR DIWAKAR) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. APP for Applicant State Mr. Amol Mardikar, Advocate, for Respondent. CORAM : A.P. BHANGALE, J. DATED : JANUARY 27, 2010. Heard. 2. By this application, applicant prays for condonation of delay of 29 days in order to prefer appeal. 3. The main contention on behalf of the State is that although Public Prosecutor concerned was of the opinion that it is a fit case to file appeal, but due to vacancy in the post of Joint Secretary, Law & Judiciary Department, the proposal to file appeal could not be forwarded and considered by the Joint Secretary, Law & Judiciary Department. 4. It appears that affidavit regarding the circumstances which lead to delay has been filed by Mr.Abdul Nazir Sheikh, Superintendent (Legal) to explain the delay. 5. Learned counsel for the respondent, however, opposed grant of delay on the ground that it is an afterthought explanation and no sufficient cause is made out. 2 Learned counsel for respondent relied upon the Judgment reported in 1998 (1) Mh.L.J. 745 (Laxman N. Divekar vs. State of Maharashtra) to argue that, Court has no power to arbitrarily condone delay in the name of advancing substantial justice merely because the applicant happens to be state and that no separate standards exist to determine sufficient cause at the instance of a private party and the State. 6. However, considering the facts and circumstances of the present case, I think, the ruling is not helpful to the respondent, as the appeal needs to be decided on merits. 7. Considering the rival contentions, as also the judgment and order sought to be impugned, I am inclined to allow the application and condone the delay subject to payment of costs of Rs.500/- to the respondent within two weeks. 8. Application stands disposed of. JUDGE Rvjalit.