(1) Cri. Application No. 2775 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Application No. 2775 of 2011 (In Criminal Application No. 2774 of 2011) The State of Maharashtra, through Police Station, Veergaon, Taluka : Vaijapur, .. Applicant District : Aurangabad. (Original complainant) versus 1. Raosaheb Tukaram Gavade, Age : 28 years, Occupation : Agriculture, R/o. Chinchalgaon, Taluka : Vaijapur, District : Aurangabad. 2. Babasaheb Dada Gavade, Age : 32 years, Occupation : Agriculture, R/o. Chinchalgaon, Taluka : Vaijapur, .. Respondents District : Aurangabad. (Original accused) ....................... (2) Cri. Application No. 2775 of 2011 Mr. S.N. Kendre, Additional Public Prosecutor, for the applicant. Mr. V.S. Janephalkar, Advocate, for respondent nos.1 and 2. ........................ CORAM : SHRIHARI P. DAVARE, J. DATE : 17TH NOVEMBER 2011 COURT'S ORDER : 1. Heard learned respective Counsel for the parties. 2. This is an application preferred by the applicant / State seeking condonation of delay of 34 days caused in filing accompanying Criminal Application seeking leave to file appeal against the order of acquittal dated 24-2-2011, recorded by the learned 3rd Judicial Magistrate (First Class), Vaijapur, in Regular Criminal Case No. 128/2003. 4. For the reasons stated in the application, it appears that the applicant has explained the delay satisfactorily. Moreover, the said delay does not appear to be willful, deliberate or intentional and, therefore, the same deserves to be (3) Cri. Application No. 2775 of 2011 condoned in the interest of justice. 5. In the result, Criminal Application is allowed in terms of prayer clause "B" and delay of 34 days caused in filing the accompanying Criminal Application for leave to file appeal, stands condoned. Present Criminal Application stands disposed of accordingly. ( SHRIHARI P. DAVARE ) JUDGE ......................... bgp/ka2775