1 crap1175.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 1175 OF 2011 IN CRIMINAL APPLICATION NO. 1174 OF 2011 Navindchandra s/o Chandulal Patel ...Applicant (Original complainant) VERSUS Rehmankhan Masumkhan (deceased) & ors. ...Respondents (Nos. 1 and orig.accused No.3 formal party) ..... Shri A.M.Gholap, advocate for applicant Respondent no.1 expired Shri Shaikh Naseer, advocate for respondent no.2 Shri B.V.Wagh, A.P.P. for respondent no.3 ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 30 th June, 2011 PER COURT : 1 Shri Shaikh Naseer, advocate undertakes to file Vakalatnama for respondent no.2 in the office during the course of the day. 2 crap1175.11 2 Heard learned counsel for the parties. 3 This is an application preferred by the applicant for condonation of delay of 26 days caused in filing the accompanying Criminal Application seeking leave to file appeal against the judgment and order of acquittal dated 19.11.2010, passed by the learned Judicial Magistrate, First Class, Court No. 2, Bhusawal, in R.C.C. No. 49 of 1999. 4 Shri Shaikh Naseer, learned counsel for respondent no.2 and Shri B.V.Wagh, learned A.P.P. for respondent no.3 opposed the application vehemently and submitted that the present application is without any substance and same is devoid of any merits and same be dismissed. 5 For the reasons stated in the application, it appears that the applicant has explained the delay satisfactorily and it further appears that the delay caused in filing the accompanying application is not willful, deliberate and intentional and same deserves to be condoned in the interest of justice. 6 Hence, present Criminal Application is allowed in terms of 3 crap1175.11 prayer clause 'B' thereof and delay of 26 days caused in filing the accompanying application seeking leave to file appeal stands condoned and present Criminal Application stands disposed of accordingly. (SHRIHARI P. DAVARE), JUDGE. dbm/crap1175.11