The State Of Maharashtra v. Mithun Balaso Sawant And ANR

30-APPLN-190-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.190 OF 2018 THE STATE OF MAHARASHTRA )...APPLICANT V/s.

MITHUN BALASO SAWANT AND ANR.

)...RESPONDENTS Mrs.M.R.Tidke, APP for the Applicant - State. Mr.Sharad Mulik, Advocate for the Respondent - State.

CORAM

:

A. M. BADAR, J.

DATE :

15th OCTOBER 2018 P.C. :

This is an application for condonation of delay in preferring an application for leave to appeal. What is sought to be challenged is acquittal of the respondents in Special Case registered under the Prevention of Corruption Act. Heard the learned APP appearing for the State as well as the learned counsel appearing for the respondents. He argued that carelessness of the State is reflected from the fact that neither avk 1/2

30-APPLN-190-2018.doc the name of the court nor the other particulars are properly mentioned in the instant application. The same is therefore liable to be rejected.

I have considered the submissions so advanced. The delay occurred is that of 21 days. Leaving apart the misdescription of the court and other particulars in the application, sufficient cause is shown for the short delay of 21 days in filing the application for leave to appeal. Hence, the order :

ORDER

i) The application is allowed.

ii) The delay in filing the application for leave to appeal is condoned.

iii) The application is accordingly disposed off.

(A. M. BADAR, J.) avk 2/2