1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CAF NO. 364 OF 2009 IN FIRST APPEAL ST. NO. 18806 OF 2008 (Shivaji Narayan Shingne vs. State of Maharashtra ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. MARCH 16, 2009. Shri P.B. Patil, learned counsel is discharged. Heard Shri Desai, learned counsel for the appellant and Shri Kankale, learned AGP for the respondent. The prayer is to condone delay of 305 days in filing First Appeal. The reason given is want of funds. The learned AGP is strongly opposing the prayer. He states that legal aid could have been availed of and that even for this period, the government is required to pay interest @15%. The perusal of application supported by affidavit reveals that the appellant/ applicant was intending to file appeal and there are no malafides. The statutory liability to pay the interest cannot be the reason to reject the prayer for condonation of 2 delay. It can be looked into if ultimately equities are required to be adjusted between the parties. Hence said issue can be considered at the time of final hearing. For the reasons given in the application, delay of 305 days is condoned. The office to register First Appeal and place it for further consideration. JUDGE *GS.