1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4351 OF 2009 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 : February 24, 2010 1. Heard Shri P.S.Pawar, Advocate holding for Shri A.G. Kanade Advocate for the applicant and Shri B.V. Wagh, A.P.P. for the Respondent. 2. This is an application for condonation of delay of 660 days in filing the appeal. The main ground stated in paragraph 4 of the application is that the co-accused has filed appeal and his sentence is reduced from rigorous imprisonment of four years to rigorous imprisonment for three years. The same reason equally apply to the present applicant. It is also stated that the present applicant is resident of State of Madhya Pradesh and coming from poor family, his 2 parents are aged. He could not file appeal earlier and the appeal is sought to be filed on the basis of parity. 3. Considering the age of the applicant and the nature of the offence and in view of decision in respect of co-accused, treating this as an exceptional case, delay can be condoned. 4. Hence, delay condoned. Application allowed and disposed of. It is, however, made clear that this will not be a precedent for other cases. Date:24/02/2010 (P.R.BORKAR, J.) pnd/criap4351.09