1309appa351.11.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPA) NO. 351 OF 2011 (The State of Maharashtra Vs. Dema Haribhau and others) ................................................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders .......................................................................................................................................................................................... CORAM : U. V. BAKRE, J. DATED : 13TH SEPT., 2011 Heard Mr. P. D. Kothari, learned A.P.P. for the applicant. The respondents who are duly served, are absent. 2. The respondents were charged for the offence of cheating the students by running an institution which had no recognition and by collecting huge fee from the students. 3. It is seen that the learned Chief Judicial Magistrate, Yeotmal by judgment and order dated 4/9/2006 had convicted the respondents, however, the learned Ad hoc Additional Sessions Judge, Yeotmal in Criminal Appeal No. 34/2006, by judgment dated 10/11/2010 has acquitted the respondents. The State has preferred an appeal against the judgment of the learned Additional Sessions Judge. However, there is delay of about 99 days in filing the said appeal. 4. The learned A.P.P. has pointed out the reasons mentioned in the application at paragraph 2 which appear to be bonafide reasons for delay. Since the respondents have not filed any reply denying the said grounds, I have no hesitation to believe in them. 1309appa351.11.odt 2/2 5. The delay being bonafide, the same deserves to be condoned. 6. Hence, the application is allowed. The delay in filing appeal is condoned, in the interest of justice. The appeal shall be registered and thereafter notice before admission be issued to the respondents. JUDGE wwl