1 crap4556.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 4556 OF 2010 WITH CRIMINAL APPLICATION NO. 4555 OF 2010 The State of Maharashtra & anr. ...Applicants VERSUS Tukaram Murlidhar Kshirsagar & ors. ...Respondents ..... Smt. Y.M.Kshirsagar, A.P.P. for applicants (original complainant) Shri S.R.Shirsath, advocate h/for Shri S.S.Jadhavar, advocate for respondent nos.1 to 4 ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 19 th April, 2011 PER COURT : 1 Heard learned counsel for the parties. 2 Leave to delete applicant no. 2 granted. Amendment to be 2 crap4556.10 carried out forthwith. 3 This is an application preferred by the applicant for condonation of delay of 39 days caused in filing the accompanying Criminal Application seeking leave to file appeal against the judgment and order, dated 19.7.2010, passed by the learned Sessions Judge, Osmanabad, in Criminal Appeal No. 65 of 2007. 4 Shri S.R.Shirsath, advocate holding for Shri S.S.Jadhavar, learned counsel for the respondent nos. 1 to 4 opposed the application vehemently and submitted that the present application bears no substance and same is devoid of any merits and same be dismissed. 5 Considering the contents of the application and 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 application is not willful, deliberate and intentional and same deserves to be condoned in the interest of justice. 6 In the result, present Criminal Application is allowed in terms of prayer clause 'B' thereof and delay of 39 days caused in 3 crap4556.10 filing the accompanying application seeking leave to file appeal stands condoned and present Criminal Application stands disposed of accordingly. (SHRIHARI P. DAVARE), JUDGE. dbm/crap4556.10