(1) Cri. Application No. 4081 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Application No. 4081 of 2011 (In Criminal Application No. 4080 of 2011) The State of Maharashtra, through Police Inspector, .. Applicant Anti Corruption Bureau, (Original Beed. complainant) versus 1. Manik s/o. Kisanrao Acharya, Age : 42 years, Police Constable, B.No. 356, Police Station Railway, Prli Vaijnath, Dist. Beed. 2. Sanjay Trimbakrao Bhendekar, Age : 34 years, Police Constable, B.No. 817, Police Station Railway, .. Respondents Parli Vaijnath, Dist. Beed. (Original accused) ....................... Mr. S.N. Kendre, Additional Public Prosecutor, for the applicant. Mr. G.K. Naik Thigle, Advocate, for respondent nos.1 and 2. ........................ (2) Cri. Application No. 4081 of 2011 CORAM : SHRIHARI P. DAVARE, J. DATE : 17TH NOVEMBER 2011 COURT'S ORDER : 1. Heard learned respective Counsel for the parties. 2. Mr. G.K. Naik Thigle, learned Counsel, undertakes that he shall file Vakalatnama for the respondents, in the office, during the course of the day. 3. This is an application preferred by the applicant / State for condonation of delay of 334 days caused in filing accompanying Criminal Application seeking leave to file appeal against the order of acquittal dated 20-7-2010, recorded by the learned Ad hoc Addl. Sessions Judge-1 & Special Judge, Ambajogai, in Special Case No. 3/2004. 4. Mr. G.K. Naik Thigle, learned Counsel for the respondents, countered the arguments advanced by the learned APP, and submitted that the Application bears no substance and it is devoid of any merits, and therefore, same be rejected. 5. Considering the contents of the application and also (3) Cri. Application No. 4081 of 2011 considering rival submissions, it appears that the applicant has explained the delay satisfactorily. Moreover, the said delay does not appear to be willful, deliberate or intentional and, therefore, the same deserves to be condoned in the interest of justice, but subject to payment of reasonable costs by the applicant to the respondents, which is quantified at Rs. 1,000/-. 6. In the result, present Criminal Application is allowed in terms of prayer clause "B" and delay of 334 days caused in filing the accompanying Criminal Application for leave to file appeal, stands condoned, subject to payment of costs of Rs. 1,000/- (Rupees one thousand) by the applicant to the respondents, within a period of two weeks from today. Present Criminal Application stands disposed of accordingly. ( SHRIHARI P. DAVARE ) JUDGE ......................... bgp/ka4081