GPN-J-332-ARHCB-8_94-13,10,500-ALA4. SPL.H.C.A.S.C.D. 79e. FARAD FARAD FARAD CONTINUATION SHEET NO. CONTINUATION SHEET NO. CONTINUATION SHEET NO. IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE SIDE. APPELLATE SIDE. APPELLATE SIDE. CRIMINAL CRIMINAL CRIMINAL APPLICATION NO. 3850 OF 2003 APPLICATION NO. 3850 OF 2003 APPLICATION NO. 3850 OF 2003 IN IN IN CRI. CRI. CRI. APPLICATION NO. 1151 OF 2005 APPLICATION NO. 1151 OF 2005 APPLICATION NO. 1151 OF 2005 The State of Maharashtra ...Applicant versus Eknath Hiru Mate & ors. ...Respondent. ---------------------------------------------------------------- ---------------- ---------------- Office Notes, Office Memorada Court‘s or Judge‘s orders or directions and Orders. Registrar‘s orders. ---------------------------------------------------------------- Shri A.M.Shringarpure APP for State. Shri Ashish Arersekar with Rajendra Shirodkar for Respdt. CORAM; CORAM; CORAM; V.G. PALSHIKAR & V.G. PALSHIKAR & V.G. PALSHIKAR & V.C. V.C. V.C. DAGA, JJ. DAGA, JJ. DAGA, JJ. DTAED; DTAED; DTAED; 13TH JUNE, 2005 13TH JUNE, 2005 13TH JUNE, 2005. P.C. P.C. P.C. 1. Application for condonation of delay allowed for reasons mentioned therein. Heard Ld. APP on merits of the application for leave to appeal against the order of acquittal. Order of acquittal is based on proper appreciation of evidence. The learned Judge has drawn adverse inference against the prosecution for not examining certain witness who could have been examined but were not examined. One of the reasons for acquittal is also unexplained delay in the matter of holding test identification parade. In such circumstances, it cannot be said that the order of acquittal is purverse or illegal. Hence leave rejected. ...