1 crap381.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.381 OF 2011 [Vasant s/o Changu Rathod vs The State of Maharashtra] _________________________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _________________________________________________________________________________ Shri Shrikant Kawade, advocate h/for Shri S.J.Salunke, advocate for the applicant Shri V.G.Shelke, A.P.P. for respondent no.1 Shri A.H.Kasliwal, advocate for respondent nos. 2 to 6 ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 21 st April, 2011. PER COURT :- 1 Heard learned counsel for the parties. 2 This is an application preferred by the applicant for condonation of delay of 37 days caused in filing the accompanying Criminal Appeal, against the judgment and order of acquittal dated 7.9.2010, passed by the learned Additional Sessions Judge, Majalgaon, in Sessions Case No. 19 of 2009. 2 crap381.11 3 Learned A.P.P. and learned counsel for the respondents opposed the application vehemently and submitted that the present application bears no substance and same is devoid of any merits and same be dismissed. 4 Considering the contents of the application, as well as considering the rival submissions advanced by the learned counsel for the parties, it appears that the applicant has explained the delay satisfactorily and it further appears that the delay caused in filing the accompanying appeal is not willful, deliberate and intentional and same deserves to be condoned in the interest of justice. 5 In the result, present Criminal Application is allowed in terms of prayer clause 'B' thereof and delay of 37 days caused in filing the accompanying Criminal Appeal stands condoned and present Criminal Application stands disposed of accordingly. (SHRIHARI P. DAVARE, J.) dbm/crap381.11