1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Criminal Application No.2876 of 2003 In Criminal Appeal No.512 of 2003 The State of Maharashtra .. .. Appellant v/s. Khalil @ Khalid Ahmed Gulam Shaikh & anr. .. Respondents Mrs.V.R. Bhosale, APP for Appellant. Mr.A.R. Kapadnis i/by Mr.M.S. Mohite for Res.No.2. ----- CORAM : B.H. MARLAPALLE & SMT.ROSHAN DALVI, JJ. Dated : 20th July,2009 P.C. : 1.Heard Mrs.Bhosale, learned Assistant Public Prosecutor. Mr.Kapadnis appears for Respondent No.2. Respondent No. 1 is reported to be not traceable. Warrant issued by this Court has been returned unserved. 2.The State has filed an Application under Section 378 (3) of the Code of Criminal Procedure for leave to appeal against the order of acquittal in respect of accused Nos.2 and 3, to present Respondent Nos.1 and 2 and the said Application is filed beyond time by 868 days. 3.Hence, this Application is for condonation of delay. 2 4.In support of this Application, the learned Special Prosecutor, Court of Sessions for Greater Mumbai, has filed his Affidavit and stated that despite his reminders from time to time, he did not receive the certified true copies of the order of acquittal passed on 29.11.2000 and finally he received the certified true copies on 21.1.2002. He had forwarded the same to the Public Prosecutor s office in the High Court and thereafter the Application was filed sometimes in July 2003. 5.We are satisfied that the explanation so offered makes good and sufficient reasons to condone the delay. 6.Hence, the Application is allowed in terms of prayer (a). Application disposed of accordingly. [SMT.ROSHAN DALVI, J] [B.H. MARLAPALLE, J.]