cran712.10 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 712 OF 2010 IN CRIMINAL APPLICATION NO. 711 OF 2010 The State of Maharashtra ...Applicant Versus Bhatu Girdhar Chaudhari and others ...Respondents ..... Mr. S.G. Nandedkar, A.P.P. for the applicant Mr. R.S. Shinde, advocate for respondent Nos.1 to 4. ..... CORAM: S. S. SHINDE, J. DATED: 17TH JANUARY, 2011 PER COURT:- 1 Heard. Learned counsel for the respondents submits that there is inordinate delay of 648 days in filing the appeal against the order of acquittal dated 11.2.2008 passed by the learned J.M.F.C. Erandol in S.T.C. No. 1366 of 2004 for the offences punishable under Sections 447, 427, 504 and 506 r.w. 34 of I.P.C. and the said delay has not been properly explained, therefore, this application for condonation of delay may be rejected. 2 It is true that upon perusal of the contents of application for condonation of delay, the delay in filing appeal has not been explained cran712.10 -2- on day to day basis. However, some explanation is offered in the application that why it was beyond control of the State to file appeal within limitation It is true that while considering the prayer for condonation of delay the court should take into consideration the cause disclosed in the application. This application is filed by the State and if the application is rejected, ultimately there would be no question of entertaining the appeal. Since the State is representing the cause of the complainant, it has some bearing on the interest of the society and therefore, I am inclined to allow this application for condonation of delay. Hence, delay in filing application seeking leave to prefer appeal is condoned. Application is allowed and the same stands disposed of. 3 Place criminal application No. 711 of 2010 for hearing on 8.2.2011. In the meantime, call for record and proceedings from the concerned court. Registry to ensure that the record and proceedings be received from the concerned Court before 8.2.2011. ( S. S. SHINDE. J.) rlj/