1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CRIMINAL APPLICATION NO.1660/2009 Mr.K.M.Suryawanshi, adv. for applicant Mr.S.V.Gangapurwala, adv for R-1 to 3. CORAM : K. U. CHANDIWAL, J. DATE : 06 TH OCTOBER, 2009. 1. Heard the learned APP and counsel for the respondent. State feels aggrieved by the order passed by the learned Sessions Judge Jalna below Exh.5 in Criminal Appeal No.50/2007 dated 05.01.2009. 2. The state has requested to the learned Sessions Judge to condone the delay of 50 days caused in filing appeal. I quite see that it was not a deliberate attempt to create obstacle in preferring appeal. However, the proposal was sent for approval before District Magistrate and it took time. The District Magistrate’s direction is dated 28.06.2007 while the judgment of the Ld. Judge was dated 2 20.01.2007. Delay in this situation ought to have been considered by the Ld. Sessions Judge. 3. The appeal is presented on 04.07.2007 however record shows that exhibit No.5 was moved on 25.07.2007. Mistake of not making an application for condonation of delay for presentation of appeal, however for that purpose State should not suffer when there is no oblique motive in said event. The order of the Ld. Sessions Judge dated 05.01.2009 needs interference, it is set aside. Delay of 50 days caused in preferring appeal before Ld. Sessions Judge is condoned. Application of the State allowed to the extent of above terms. [ K. U. CHANDIWAL, J. ) *** Dt : 06.10.2009 aaa/1660.09