1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICAITON NO.373 OF 2007 IN CRIMINAL APPLICATION NO.2071 OF 2007 The Union of India. ..Applicant. V/s. Arvind S. Upadhyay & Ors. ..Respondents. Mr.R.F.Lambay for Applicant. Mr.K.V.Saste, APP for Respondent-State. Mr.S.D.Gonsalves for Respondent No.1. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : APRIL 4, 2008. DATE : APRIL 4, 2008. DATE : APRIL 4, 2008. P.C. : P.C. : P.C. : 1. Although the Counsel for the Respondent No.1 may be justified in contending that no proper explanation of each day’s delay has been offered in the Application, however, taking over all view of the matter and having regard to the averments in paragraphs-4 and 5, in particular, in the interest of justice, Application is allowed in terms of prayer clause (a), as the delay is only of 106 days. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)