1 crap3161.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 3161 OF 2010 IN CRIMINAL APPLICATION NO. 3160 OF 2010 Ramrao Bhikaji Bodkhe ...Applicant (original complainant) VERSUS Mohammad Ashfaq s/o Mohd. Siddhiqui Motiwala ...Respondent (original accused) ..... Shri N.T.Tribhuwan, advocate for applicant Shri D.S.Bharuka, advocate for sole respondent ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 19 th April, 2011 PER COURT : 1 Heard Shri N.T.Tribhuwan, advocate for applicant and Shri D.S.Bharuka, advocate for sole respondent. 2 crap3161.10 2 This is an application preferred by the applicant for condonation of delay of 280 days caused in filing the accompanying Criminal Application seeking leave to file Criminal Appeal. 3 Shri D.S.Bharuka, learned counsel for the respondent opposed the application vehemently and submitted that the present application is bears no substance and same is devoid of any merits and same be rejected. 4 After considering the contents of the application and also considering the rival submissions advanced by the learned counsel for the parties, it appears that it is the contention of the applicant that he filed Criminal Miscellaneous Application No. 17 of 2010 before the Sessions Court, Aurangabad due to incorrect advice given by his advocate and he was prosecuting the said proceeding before the said Court bonafide, which consequently, was rejected by the said court on 18.5.2010. Thereafter, after seeking advice from the advocate, the applicant has preferred the accompanying application seeking leave to file appeal along with the present application for condonation of delay. 5 For the reasons stated in the application, it appears that the applicant has explained the delay satisfactorily. Moreover, the 3 crap3161.10 said delay does not appear to be willful, deliberate and intentional and same deserves to be condoned in the interest of justice. However, simultaneously, the respondent deserves to be compensated by way of payment of costs to him aptly, which can be quantified at Rs.5,000/-. 6 In the result, present Criminal Application is allowed in terms of prayer clause 'A' thereof and delay of 280 days caused in filing the accompanying application seeking leave to file Criminal appeal stands condoned, subject to payment of costs of Rs.5,000/- by the applicant to the respondent, within the period of two weeks and present application is disposed of accordingly. (SHRIHARI P. DAVARE), JUDGE. dbm/crap3161.10