FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1346 OF 2009 _________________________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _________________________________________________________________________________ Mrs.B.R. Khekale, A.P.P. for applicant. Mr.Rajendra Pardeshi holding for Mr.Rajendra Deshmukh, Advocate for respondent nos.1 to 4. 1. Heard Mrs.B.R. Khekale, learned A.P.P. for applicant as well as Mr.Rajendra Pardeshi holding for Mr.Rajendra Deshmukh, learned counsel for respondent nos. 1 to 4. 2. This is an application preferred by the applicant for condonation of delay of 28 days caused in filing accompanying appeal seeking leave to file appeal against the judgment and order of acquittal dated 21.11.2008 rendered by learned Assistant Sessions Judge-3, Aurangabad in Sessions Case No.74/2007. 3. Mr.Rajendra Pardeshi holding for Mr.Rajendra Deshmukh, learned counsel for respondent nos.1 to 4 opposed present application vehemently and submitted that application bears no substance and same is devoid of any merits, and therefore, requested to dismiss the application. 4. Considering the rival submissions of the parties and for the reasons stated in application, it appears that applicant has explained the delay satisfactorily. It also appears that the said delay is not willful, deliberate and intentional, and therefore, same deserves to be condoned in the interest of justice. 5. In the result, the present application is allowed in terms of prayer clause `B' thereof and delay of 28 days caused in filing accompanying appeal seeking leave to file appeal is condoned. Hence, present application disposed of accordingly. (SHRIHARI P. DAVARE), JUDGE. 21.6.2010 gas/cri1346.09