1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.450 OF 2001 IN CRIMINAL APPEAL NO.245 OF 2000 _____________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _____________________________________________________________________ Mr.S.D. Kaldate, A.P.P. for applicant. 1. Heard Mr.S.D. Kaldate, learned A.P.P. for applicant. Mr.P.G. Godhamgaonkar, learned counsel for respondent nos.1 to 6 and 8 absent. Respondent no.7 absent, although served. 2. This is an application preferred by the applicant for condonation of delay of 78 days caused in filing accompanying appeal against the judgment and order of acquittal rendered by learned Judicial Magistrate, First Class, Railways, Aurangabad dated 14.12.1999 in R.C.C. No.49/1999, acquitting the respondents for the offence punishable under Section 3(A) of R.P.(U.P.) Act, 1966 along with prayer for seeking leave to file appeal. 2 3. For the reasons stated in the application, it appears that the applicant has explained the delay satisfactorily. It appears that the said delay is not willful, deliberate and certainly it is not inordinate and therefore, the delay of 78 days caused in filing accompanying appeal is deserves to be condoned in the interest of justice. 4. In the result, the present application is allowed in terms of prayer clause `B' thereof and delay of 78 days caused in filing accompanying appeal against the judgment and order of acquittal is condoned. The present application is disposed of accordingly. (SHRIHARI P. DAVARE), JUDGE. 27.7.2010 gas/cri450.01