1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4345 OF 2009 IN CRIMINAL APPEAL NO.719 OF 2004 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Coram : P.R. Borkar, J. Date : December 17, 2009 1. Heard Shri B.V. Wagh learned A.P.P. for the applicant-State. 2. Notice to Respondent. Advocate Shri A.M.Gholap waives notice for the Respondent. 3. This is an application for adding grounds to the appeal memo and also for adding original accused Nos. 2 and 3 as Respondent Nos. 2 and 3 in the appeal. 2 4. As far as first prayer that ground Nos. XIII and XIV as stated in the present application be permitted to be added being in the appeal memo is concerned, there is no difficulty to grant the said prayer, because ultimately appeal will be decided on its own merits. 5. However, so far as prayer for additional of original accused Nos. 2 and 3 as Respondent Nos. 2 and 3 in the appeal is concerned, it may be noted that appeal was filed on 5.11.2004 as against the order passed on 15.7.2004 by III Adhoc Assistant Sessions Judge, Ahmednagar in Sessions Case No. 31 of 2003. The applicant-State cannot add new accused persons without seeking condonation of delay in filing appeal against them. 6. So, present application is allowed only to the extent of addition of grounds 3 in the appeal memo, i.e. ground Nos. XIII and XIV as stated in the present application. As regards prayer for addition of original accused Nos. 2 and 3 as Respondent Nos. 2 and 3 in the appeal is concerned, the applicant-State is directed to make separate application with application for condonation of delay which shall be considered on its own merits. 7. Application stands disposed of. Copy of the order duly authenticated by the Court Sheristedar be allowed to the parties. Date: 17/12/2009 (P.R.BORKAR, J.) pnd/criap4345.09