1 APPLN.5633-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5633 OF 2009 IN CRIMINAL APPLICATION NO. OF 2009 The State of Maharashtra. ..Applicant. Versus Shri Sandip Devaji Mohane and another. ..Respondents. .... Mr.Y.M. Nakhwa, A.P.P. for the Applicant/State. None for the Respondents. .... CORAM : A. R. JOSHI, J. DATED : 6th APRIL, 2011. P. C. : 1. Learned A.P.P. prays for withdrawal of the present delay condonation application with leave to appeal, on the ground that as per the provisions of Section 378(1)(a) of Cr.P.C. appeal against the order of acquittal passed by J.M.F.C. in respect of offences which are non­bailable and cognizable required to be taken before the Sessions Court. Liberty is sought to approach the appropriate Court with appropriate relief. 2 APPLN.5633-09 2. Allowed to be withdrawn with liberty as prayed and accordingly disposed of. 3. All the questions as to condonation of delay or otherwise are left open. Trial Court may consider the aspect of the present matter pending before this Court since December, 2009 and appropriately pass the orders. (A. R. JOSHI, J.) PPD