1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 2413 OF 2007 Ankush s/o Bhausaheb Jagtap ...Applicant VERSUS The State of Maharashtra & anr. ...Respondent ..... Shri V.S.Bedre, advocate for the applicant Shri S.D.Kaldate, A.P.P. for respondent no.1 Shri Y.V.Kakade, advocate holding for Shri A.K.Gawali, advocate for respondent no.2. ..... CORAM SHRIHARI P.DAVARE, J. DATED : 28 th JULY, 2009. ORAL ORDER : 1 Perused. 2 The applicant (original complainant) has preferred the 2 present application for condonation of delay of 3 days in preferring the accompanying Criminal Application for leave to file Appeal against the judgment and order of acquittal passed by the learned Judicial Magistrate, First Class, Ahmednagar in S.T.C. No. 801 of 2004 on 24.4.2007. 3 The applicant has put forth the reasons for delay of 3 days caused in filing the accompanying Criminal Application for leave to file Appeal that he was suffering from fever and cold and he was bed ridden and was under treatment from 20.6.2007 to 26.6.2007, which resulted into delay in filing the accompanying Criminal Application for leave to file Appeal against the afore said judgment and order. The applicant also submits that the said delay is not willful, deliberate and intentional and, therefore, submitted that the same be condoned. He further submits that the substantial question of law is involved in the appeal and, therefore, the applicant be given opportunity to prosecute the appeal on merits. 4 The learned counsel for the respondent vehemently opposed the present application and submitted that the present application bears no substance and is devoid of any merits and same be rejected. 3 5 Heard learned respective counsel for the parties. 6 Considering the rival submissions and reasons put forth by the applicant for delay of 3 days in filing the accompanying Criminal Application for leave to file Appeal against the judgment and order of acquittal in para 8 of the present application, the said reasons appear to be sufficient ground for condoning the said delay of 3 days. Besides that, the delay caused in filing the accompanying Criminal Application for leave to file Appeal is not willful, deliberate and intentional, as well as the same is not inordinate, and hence, the same is required to be condoned in the interest of justice. Moreover, as the substantial question of law is involved in the present matter, as contended by the applicant herein, the applicant is required to be given opportunity to prosecute the accompanying Criminal Application for leave to file appeal and, therefore, also present application is required to be allowed in the interest of justice. 7 In the result, the present application succeeds and same is allowed in terms of prayer clause ‘B’ thereof and 3 days delay caused in preferring the accompanying Criminal Application for leave to file Appeal stands condoned and the accompanying 4 Criminal Application No. 2222 of 2007 for leave to file appeal be fixed for hearing in due course. (SHRIHARI P. DAVARE, J.) dbm/crap2413.07