1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.946 OF 2010 IN CRIMINAL APPLICATION NO.945 OF 2010 _________________________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _________________________________________________________________________________ Mrs.B.R. Khekale, learned A.P.P. for applicant/State. Mr.A.T. Kharche, advocate for respondent. 1. Heard Mrs.B.R. Khekale, learned A.P.P. for applicant/State as well as Mr.A.T. Kharche, learned counsel for respondent. 2. This is an application preferred by the applicant for condonation of delay of 115 days caused in filing accompanying appeal against the judgment and order of acquittal rendered by learned Adhoc Additional Sessions Judge/Special Judge, Amalner dated 15.06.2009 in Special Criminal Case No.02/2003, acquitting the respondent (original accused) for the charges levelled against him. 2 3. Learned counsel for respondent opposed this application vehemently and submitted that the present application bears no substance and same is devoid of any merits and is liable to be rejected. 4. Considering the rival submissions advanced by the parties and for the reasons stated in the application, it appears that the applicant has explained the delay satisfactorily. It appears that the said delay is not willful, deliberate and certainly it is inordinate and therefore, the delay of 115 days caused in filing accompanying appeal is deserves to be condoned in the interest of justice. 5. In the result, the present application is allowed in terms of prayer clause `B' thereof and delay of 115 days caused in filing accompanying appeal against the judgment and order of acquittal is condoned. The present application is disposed of accordingly. (SHRIHARI P. DAVARE), JUDGE. 28.6.2010 gas/cri946.10