drp {1} Cri. Application No.3789/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3789 OF 2010 IN CRIMINAL APPEAL STAMP NO.333 OF 2010 Mohd.Sadeq Lalmiya Ansari APPLICANT VERSUS The State of Maharashtra & others RESPONDENTS ....... Mr. S.J.Salunke, Advocate for the applicant Mr. N.R.Shaikh, APP for respondent No.1 State Mr. S.S.Rathi, Advocate for respondents No.2 to 5 ....... [CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.] DATE : 22 nd December 2010 PER COURT: 1. By this application, the applicant seeks condonation of delay of 145 days in filing appeal against acquittal. We have heard Mr.Salunke, learned counsel for the applicant, learned APP for respondent No.1 State and Mr.Rathi, learned counsel on behalf of respondents No. 2 to 5 and for the reasons stated in the application, the application is allowed and the delay is condoned. [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/B10/criapln3789-10 drp {2} Cri. Application No.3789/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPEAL STAMP NO.333 OF 2010 Mohd.Sadeq Lalmiya Ansari APPELLANT VERSUS The State of Maharashtra & others RESPONDENTS ....... Mr. S.J.Salunke, Advocate for the appellant Mr. N.R.Shaikh, APP for respondent No.1 State Mr. S.S.Rathi, Advocate for respondents No.2 to 5 ....... [CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.] DATE : 22 nd December 2010 PER COURT: 1. Since we have condoned the delay in filing of this appeal, Registry to register this appeal. This appeal is heard for admission at the request of learned counsel for the parties, though this appeal is not listed as such. 2. It appears that this appeal has been filed by the appellant questioning the acquittal of respondents No.2 to 5 for an offence punishable u/s 302, 498A, 323, 504 r/w 34 of the Indian Penal Code. Learned counsel for respondents No.2 to 5 has invited our attention to the order dated 6th September 2010 in Criminal drp {3} Cri. Application No.3789/2010 Application No.2031/2010 wherein this Court has refused leave to the State for filing an appeal against the acquittal. Since the present appeal arises from the same judgment against which leave has been refused, this appeal is also dismissed in the light of the reasons, which are stated by us in our order dated 06.09.2010, in Criminal Application No.2031/2010 [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/B10/criapln3789-10