1 A IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.744 OF 2009 IN CRIMINAL APPLICATION NO.123 OF 2009 IN CRIMINAL APPEAL (ST.)NO.104 OF 2009 The State of Maharashtra .. Applicant V/s. Ashok Uttam Bhimse .. Respondent Ms.M.H.Mhatre, A.P.P.for the State. Mr.R.D.Suryavanshi for the Respondent. CORAM : A.R.JOSHI, J. DATED : 13th JULY, 2009. P.C. Heard learned A.P.P. Ms.Mhatre for the State-Applicant. 2. This is application for restoration of earlier dismissed criminal appeal for enhancement alongwith the application for condonation of delay of 57 days. Perused the documents and specifically the fax copy of the notice earlier issued to the Respondent accused. It appears that on 18th March, 2009 Respondent accused gave 2 his acknowledgment as to receipt of the notice of delay condonation application alongwith appeal for enhancement, however, due to lack of communication such intimation did not reach this Court. As such by conditional order dated 11th February, 2009 delay condonation application came to be dismissed. Delay condonation application is restored. Considering the above circumstances, the present restoration application is allowed. Present delay condonation application being for condonation of delay of 57 days in preferring the appeal for enhancement and it is on account of late receiving the authorization from the Law and Judiciary Department, said delay of 57 days is condoned. 3. With the above directions, restoration application and also delay condonation application both are disposed of. 4. The matter is adjourned for two weeks for admission on appeal for enhancement. 5. Issue notice to Respondents, returnable after two weeks. (A.R. JOSHI, J.)