(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Application No. 2894 of 2011 (In Criminal Appeal No. 88 of 1999) Raju s/o. Dagadu Rajput, Age : 39 years, Occupation : Service (as Operator with M/s. A.M.R.I. India Pvt. Ltd., M.I.D.C., Waluj, Aurangabad), R/o. Hanuman Nagar, Ranjangaon, Shenpunji, Taluka : Gangapur, .. Applicant/ District : Aurangabad. Appellant (Original accused [At present is in Aurangabad Central no.2) Prison, Aurangabad] versus The State of Maharashtra, .. Non-Applicant/ through the Police Station, Respondent Jawahar Nagar, Aurangabad, (Original Taluka and District : Aurangabad. complainant) ....................... Mr. Rajendra S. Deshmukh, Advocate, for the applicant. Mr. V.D. Rakh, Additional Public Prosecutor, for the respondent. ........................ (2) CORAM : SHRIHARI P. DAVARE, J. DATE : 13TH JULY 2011 COURT'S ORDER : 1. Heard learned Counsel for the parties. 2. Leave to add contents and prayer in respect of condonation of delay in the present Application granted. Amendment be carried out forthwith. 3. The applicant (original accused no.2) has preferred the present application for condonation of delay of 173 days caused in filing present application, and also for recalling the order dated 14-12-2010, passed by this Court, dismissing the Criminal Appeal No. 88/1999, in default. 4. For the reasons stated in the present application, delay caused in filing the present application deserves to be condoned in the interest of justice, and also, since Criminal Appeal No. 88/1999 is required to be heard on its own merits, the order dated 14-12-2010, dismissing the said appeal, in default, is required to be recalled, and the said appeal is required to be restored at its (3) original stage. 5. In the result, present Criminal Application is allowed in terms of added prayer clause "A-1", and also prayer clause "B", and delay of 173 days caused in filing present application stands condoned, and order dated 14-12-2010, passed by this Court, dismissing Criminal Appeal No. 88/1999, stands recalled, and the said appeal stands restored at its original stage, and the present Criminal Application stands disposed of accordingly. ( SHRIHARI P. DAVARE ) JUDGE ......................... bgp/ka2894