1 APPLN 3328/09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3328 OF 2009 Mahesh Jaisani @ Bohra .... Applicant. V/s The State of Maharashtra (Through E.O.W. C.B. CID, Mumbai) ..... Respondents. Mr. Mukesh J. Pabari for the applicant. Mr. A.S. Shitole, APP for the State. CORAM: V.M. KANADE, J. DATE : 1st December, 2010 P.C:- 1. Heard the learned Counsel for the applicant. 2. This is an application filed by the original accused challenging the order passed by the Additional Sessions Judge, Greater Bombay who was pleased to dismiss the Misc Application No.105/2007 in Criminal Appeal (Stamp) No. 306/2007 filed by the applicant for condonation of delay in 2 APPLN 3328/09 filing the appeal against conviction. 3. It is submitted by the learned Counsel for the applicant that the applicant was at his native place at Rajasthan and he could not, therefore, file the appeal within the time of limitation and that there was delay of 25 days. 4. In my view, sufficient ground was raised by the applicant for condonation of delay. The Sessions Court in its order has observed that the applicant had failed to substantiate the contention that he was in the State of Rajasthan and, therefore, did not accept the said contention. In my view, the Sessions Court erred in not accepting the explanation and the cause shown by the applicant for the delay caused in filing the appeal. The Apex Court in several cases has observed that so far as criminal appeal is concerned, since it pertains to the right of personal liberty, it should normally be heard and decided on merits and on technical grounds appeal should not be dismissed. The Sessions Court, obviously, has overlooked this fact. Apart from that, the delay is also not substantial but is only of 25 days. The order of the Trial Court, therefore, is liable to be set aside. 5. In my view, the sessions Court has committed material irregularity in rejecting the application for condonation of delay. The impugned order is set aside. Delay caused in filing the appeal is condoned. The Sessions Court is directed 3 APPLN 3328/09 to decide the criminal appeal expeditiously on merits and in accordance with law. 6. Application is allowed in the aforesaid terms and disposed off. V.M. KANADE, J.