1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, NAGPUR BENCH, NAGPUR Criminal Application No.3240/2008 In Criminal Revision Application No.179/2008 [Nandram Jondharu Ghutke .vrs. State of Maharashtra and another] .............................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders .............................................................................................................................................. Mr. R.K. Tiwari, Advocate for the applicant, Mr. P.D. Kothari, APP for non-applicant no.1, Mr. M.A. Wakil, Advocate for non-applicant no.2. .......... CORAM : P.D. KODE, J. DATED : APRIL 29, 2009. Heard. Having reasons mentioned in the application and having regard to the statement made by learned APP that non-applicant no.1 - State of Maharashtra has filed an appeal against the judgment and order dated 13.3.2008 i.e. against which the applicant seeks to exercise powers under Section 397 of the Code of Criminal Procedure. In the interest of justice, delay of 80 days deserves to be condoned in spite of the same being objected vehemently by the learned 2 counsel for the non-applicants. Hence, the application is allowed. The delay in preferring revision is hereby condoned. Since the appeal itself is said to be listed for admission on 10th June, 2009, the sister revision be listed along with the same. JUDGE Gulande