1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 1742 OF 2010 IN CRIMINAL APPLICATION NO. 1741 OF 2010 Balbhim Ramrao Jadhav ...Applicant VERSUS Govindlal Dwarkadas Hedda and anr. ...Respondents ..... Shri M.P.Tripathi, h/f Shri N.S.Kadam, advocate for applicant Shri M.B.Kolpe, advocate for respondent no.1 Shri S.D.Kaldate,A.P.P.for respondent no.2 ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 30 th July, 2010 PER COURT : 1 Heard respective learned counsel for the parties. 2 This is an application preferred by the applicant for condonation of delay of 74 days caused in filing the Criminal Appeal against the order dated 9.12.2009 passed by the learned 4 th Judicial Magistrate, First Class,Osmanabad in S.C.C. No. 598 of 2005. 3 Learned counsel for the respondent opposed the present application vehemently and submitted that no satisfactory reasons have been mentioned in the present application to condone the 2 delay, and therefore, submitted that the present application be rejected. 4 Considering the rival submissions advanced by the learned counsel for the parties, it appears that the applicant has specified the reasons, particularly in para no.3 of the present application for delay of 74 days caused in filing accompanying Criminal Application and the said reasons appear to be satisfactory. Moreover, the said delay is not willful, deliberate and intentional and same deserves to be condoned in the interest of justice, subject to payment of costs of Rs.500/- to paid to respondent no.1 by the applicant within two weeks. 5 In the result, present application is allowed in terms of prayer clause 'B' and delay of 74 days caused in filing the accompanying application stands condoned, subject to payment of costs of Rs.500/- by the applicant to respondent no.1 within the period of two weeks and present application stands disposed of accordingly. (SHRIHARI P. DAVARE), JUDGE. dbm/crap1742.10