FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3287 OF 2009 O.K.Varghese Vs. State of Maharashtra & Ors. _____________________________________________________________________________________ Office Notes, Office Memoranda of : Coram, appearances, Court s orders : ’ or directions and Registrar s’ : Court s or Judge s orders ’ ’ orders : _____________________________________________________________________________________ Mr.Vivek Kantawala i/b. Juris Consillis for Petitioner Mr.K.B.Nambiar for respondent No.2 Mr.D.R.More APP CORAM : S.C. DHARMADHIKARI, J. DATED : 1st February 2010. PC :- 1. Heard. 2. The applicant had filed a Misc.Application No.1651 of 2009 in the Court of Sessions, Greater Mumbai seeking condonation of delay in filing criminal revision application to challenge the order dated 14th October 2008, passed by the Trial Court. The Trial Court refused to discharge the applicant and that is how the applicant approached the Revisional Court. Since, there was delay in filing of the application, a request was made to condone the said delay. In a detailed order the learned Judge has dismissed the said application. 3. In my view, in the peculiar facts of this case and when the learned Judge was very well aware of the liberal principles, he would have been well advised in deciding the revision application on merits by condoning the delay. 4. The learned Judge does not dispute that the applicant could not approach the Court earlier as his Advocate was ill and he had engaged another Advocate and made arrangements. 5. The learned Judge does not disbelieve this version but blames the applicant for taking time to approach the court. In my view in the peculiar facts of this case, the delay should have been condoned. 6. Accordingly, the Criminal application is allowed. The order dated 12th November 2009 is set aside. The revision application preferred by the applicant will now be heard on merits and in accordance with law as expeditiously as possible. (S.C.Dharmadhikari, J.)