Balachandran Unni And ORS. v. The State Of Maharashtra And ORS.

20)WP4897.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CRIMINAL WRIT PETITION NO. 4897 OF 2014 Balchandran Unni & Ors.

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Petitioners

Versus

The State of Maharashtra & Anr.

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Respondents Mr. Vishwajeet Sawant a/w Vishwabhushan Kamble i/b M/s. Jaykar & Partners, Advocate for the petitioners Mr. V. B. Konde-Deshmukh, Advocate for the respondent-State Mr. Pradeep Nayak, Advocate for the respondent No. 2 - present in person.

CORAM:-M.L. TAHALIYANI, J.

DATED : -23/02/2015 P.C.

Admit. Respondents waive service. By consent of the parties taken up forthwith for final hearing. Heard the learned counsel for the petitioners, learned advocate for respondent No. 2 and learned APP for respondent No. 1-State.

This petition impugns the order dated 1st September, 2014 passed by the Addl. Sessions Judge, in 1/2

20)WP4897.14 Miscellaneous Application No. 241 of 2014, refusing to condone the delay in filing the revision application. There was delay of 528 days. The Addl. Sessions Judge was of the view that the delay has not been explained satisfactorily. He, therefore, rejected the application for condonation of delay. I have gone through the the order passed by the learned Addl. Sessions Judge. The delay had been attempted to be explained by stating that the petitioners are professionals and they did not get sufficient time to move the revisional Court within time. In my opinion, the delay had not been properly explained and the learned Addl. Sessions Judge has rightly rejected the prayer for condonation of delay. I do not find any merit in the petition. The petition stands dismissed.

(JUDGE) md.saleem 2/2