1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2816 OF 2009 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Shri Mukul Kulkarni Advocate for the applicant. Shri P.M.Kulkarni Advocate for Respondent No.1. Shri K.M.Suryawanshi APP for Respondent No.1. 1. This is an application seeking condonation of delay of 127 days in filing appeal against acquittal. It is submitted by Advocate Shri Mukul Kulkarni for the applicant that after the decision by trial court, wrongly appeal came to be filed in Sessions Court on 12.3.2009 and since the appeal was not maintainable in the Sessions Court, the applicant approached the Advocate at Aurangabad and in this process some delay occurred in filing appeal as well as application for leave to appeal. 2. Advocate Shri Mukul Kulkarni submitted that in the meanwhile form of application to be filed in the High Court was changed and, therefore, though 2 affidavit supporting application was sworn on 28.3.2009, he had to send the appeal memo for verification which was done on 23.6.2009. 3. Considering the reasons given and the documents placed on record, I feel that the application can be allowed on payment of some costs. 4. In the circumstances, application allowed, delay condoned on condition that the applicant shall pay cost of Rs.1,000/= to the Respondent within a period of four weeks from today. 5. Application disposed of. Date:05/11/2009 (P.R.BORKAR, J.) pnd/criap2816.09