-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5086 OF 2010 IN CRIMINAL APPEAL NO. 183 OF 2011. The State of Maharashtra. ..Applicant. Versus Subhash Nivruti Bhosale. ..Respondent. Mr. H. J. Dedhia, APP for the State. Mr. Nitin Sejpal for the Respondent. Coram : B. H. MARLAPALLE & RANJIT V. MORE, JJ. Date : March 1, 2011. P. C. : 1. We have heard Mr. H. J. Dedhia, learned APP and Mr. Nitin Sejpal, who appears for the respondent – accused. 2. Criminal Application 230 of 2011 has been filed seeking leave to appeal under section 378(3) of Criminal Procedure Code by the State Government, but belatedly. Hence, this application for condonation of delay. 3. As per the office note, the application is filed beyond time by 41 days and we are satisfied that the delay deserves to be condoned. 4. Hence, the application is allowed in terms of prayer clause (a). (RANJIT V. MORE, J.) (B.H.MARLAPALLE,J.) srp -: 2 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 230 OF 2011 IN CRIMINAL APPEAL NO. 183 OF 2011 The State of Maharashtra. ..Applicant. Versus Subhash Nivruti Bhosale. ..Respondent. Mr. H. J. Dedhia, APP for the State. Mr. Nitin Sejpal for the Respondent. Coram : B. H. MARLAPALLE & RANJIT V. MORE, JJ. Date : March 1, 2011. P. C. : 1. Heard. 2. Leave to appeal under section 378(3) of Criminal Procedure Code is hereby granted. 3. The appeal is admitted. 4. Mr. Nitin Sejpal waives service for the respondent – accused. 4. Action under section 390 of Criminal Procedure Code to be taken by the concerned Sessions Court and the compliance report be submitted to the Registry of this Court within 6 weeks from today. (RANJIT V. MORE, J.) (B.H.MARLAPALLE,J.) srp