1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, NAGPUR BENCH, NAGPUR Criminal Application No.649/2009 In Criminal Revision Application No.41/2009 [Manoj Vasantrao Manwatkar .vrs. State of Maharashtra] .............................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders .............................................................................................................................................. Mr. Mohan Sudame, Advocate for the applicant, Mrs. I.L. Bodade, APP for the non-applicant. ......... CORAM : P.D. KODE, J. DATED : MAY 8, 2009. Heard. By the present application one of the accused convicted and sentenced to suffer R.I. for 7 years and pay fine of Rs.500/- for commission of offence under Section 307 r/w 34 of IPC by judgment and order dated 23.1.1998 passed by 8th Assistant Sessions Judge, Nagpur and whose conviction was confirmed on 26.8.2005 due to dismissal of appeal preferred by him against the said order of conviction and sentence by judgment and order dated 26.8.2005 in said Criminal Appeal No.11/1998 has sought for condonation of delay in preferring application in revision challenging said order of conviction and sentence imposed upon him. The application is mainly founded on the ground that on 26.8.2005 i.e. the date on which Criminal Appeal No. 2 11/1998 preferred by applicant was dismissed by Additional Sessions Judge, Nagpur the applicant was in jail due to then undergoing sentence in another case and he has remained in the jail until he was acquitted on 27.6.2008 by this Court due to judgment delivered in appeal preferred by him against conviction for which he was undergoing sentence in jail and thus being unable to take requisite steps and prefer present application in revision earlier. Though there is substance in the submission of learned APP that applicant could have preferred intended proceeding either through jail or soon after he was acquitted and released from jail and as such there being at least gross delay of 9 months if not that of 3 years 5 months, the prayer for condoning delay is without any merit still considering the gravity of offence for which applicant has been convicted and the sentence imposed, in the interest of justice, a chance deserves to be given to him to contest matter on merit having regard to the principle that justice not only should be done but must also appeared to have been done. Having regard to the same and taking into consideration the fact that applicant was incarcerated during the relevant period, the application is allowed. The delay in preferring an application for exercising powers under Section 397 of Cr.P.C. is condoned and the application is ordered to be listed for admission. CA stands disposed of. Stand over to 15.6.2008. JUDGE Gulande