Avinash Shankar Sakpal And ANR. v. Vensi Francis Correia And ORS.

(25)APPLNNo.4002018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.400 OF 2018 Avinash Shankar Sakpal & Anr.

...

Applicants V/s.

Vensi Francis Correia & Ors.

...

Respondents .....

Ms.Ruchita Kadam i/b. Mr.Rajeev Tripathi, Advocate for the Applicants.

None for the Respondent Nos.1 and 2.

Mr.P.H.Gaikwad-Patil, APP for the Respondent No.3/State. ....

CORAM : A.M.BADAR, J.

DATED : 17th OCTOBER 2018.

P.C. :

This is an application for condonation of delay in preferring an application for leave to appeal. Heard the learned Counsel appearing for the applicant. None appeared for respondent Nos.1 and 2. The Registry has reported vide report dated 30/08/2018 that notices issued to respondent Nos.1 and 2 are duly served.

Gaiwad RD 1/2

(25)APPLNNo.4002018.doc The delay seems to be that of 213 days. It is explained in paragraphs 4 and 5 of the application. The averments made in the application which are on affidavit are not controverted. Sufficient cause is made out. Therefore, the Order :

ORDER

(i) The application is allowed.

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

(iii) The application is disposed of accordingly. (A.M.BADAR J.) Gaiwad RD 2/2