Shankarrao Vithalrao Raut v. Shivaji Bhanudas Kardile And ANR

(22)APPLNNo.4872016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE JURISDICTION CRIMINAL APPLICATION NO.487 OF 2016 Shankarrao Vithalrao Raut ...

Applicant V/s.

Shivaji Bhanudas Kardile and Anr.

...

Respondents .....

Mr.Pankaj Pandey i/b. Mr.Jitendra Gaikwad, Advocate for the Applicant.

Mr.Ashish Agarkar, Advocate for Respondent No.1. Ms.P.N.Dabholkar, APP for the Respondent/State. .....

CORAM : A.M.BADAR J.

DATED : 18th August 2017.

P.C. :

Heard the learned Advocate appearing for the Applicant as well as the learned Advocate appearing for the Respondent No.1/original accused No.9.

This is an Application for condonation of delay of nine days in filing an application for leave for challenging acquittal of respondent No.1 of offences punishable under Section 214 read with Section 34 of the Indian Penal Code Gaikwad RD 1/2

(22)APPLNNo.4872016 The learned Advocate appearing for the respondent No.1/the original accused No.9 vehemently opposed the application by contending that the applicant does not demonstrate sufficient cause in filing the application for leave belatedly and therefore, the same is liable to be rejected. I have considered the submissions so advanced and I have also heard the learned Advocate appearing for the Applicant. The Application is on affidavit. Reasons for short delay of nine days are given and the same do constitute sufficient cause. Hence, the following order :

(i) The application is allowed.

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

(A.M.BADAR J.) Gaikwad RD 2/2