1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1345 OF 2009 IN CRIMINAL APPEAL NO. 1039 OF 2009 Dattaram Shankaran Kacharepatil .. Applicant. vs. State of Maharashtra .. Respondent. Mr. Satish Sakat for the applicant. Ms. A.S. Pai, APP., for the Respondent/State. CORAM : J. N. PATEL & A. A. SAYED, JJ. DATE : 14TH DECEMBER, 2009 P.C. : The learned counsel appearing for the applicant submits that the application for condonation of delay came to be dismissed as the counsel for the appellant could not remain present due to personal reason. 2. For the reasons stated in the application, we are inclined to restore the application for condonation of delay along 2 with the appeal. The application is allowed in terms of prayer clause (a). 3. By consent the application for condonation of delay is taken up for hearing. 4. Heard. 5. This is an application filed by the applicant who has been convicted and ordered to suffer life imprisonment and to pay a fine of Rs. 5,000/- in default to suffer R.I. for 2 years for offence under section 302 I.PC. It is the case of the appellant that as the wife of the appellant is illiterate she could not arrange for funds and seek proper legal advice. For the reason that the applicant is in jail, he was not in a position to communicate with his wife. In the circumstances, we are inclined to condone the delay. The application is allowed in terms of prayer clause (a). ( J. N. PATEL, J.) ( A. A. SAYED, J.)