Hasrat Mahetabsab Shaikh v. Mudashir Habib

2025:BHC-AUG:17135 -1- APPLN-1158-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1158 OF 2025 IN APPLICATION FOR LEAVE TO APPEAL BY PVT. PARTY (ST.) NO.3123 OF 2025 Shri Hasrat Mahetabsab Shaikh, Age : 50 years, Occu. : Business, R/o. Arafat Colony, Ahmedpur, Tq. Ahmedpur, Dist. Latur.

... Applicant (Orig. Complainant)

Versus

Shri Mudashir Habib, Age : 51 years, Occu. : Service, R/o. Telephone Bhavan, Nanded, Tq. Nanded, Dist. Nanded.

... Respondent (Orig. Accused) ......

Mr. N. D. Kendre, Advocate for Applicant.

Mr. S. V. Bhopi h/f. Mr. A. D. Hande, Advocate for Respondent. ......

CORAM : ABHAY S. WAGHWASE, J.

DATED : 25 JUNE 2025 ORDER :

1.

This is an application for condonation of delay of 121 days in filing the application for leave to appeal by private party. 2.

Learned Advocate for applicant pointed out that, reasons for delay are spelt out in paragraph no.3 of the application and stated that there is no deliberate and intentional delay. That, there is a good case in appeal and therefore, in the interest of

-2- APPLN-1158-2025 justice and fair opportunity, delay so caused is sought to be condoned.

3.

Learned Advocate for the respondent strongly opposed pointing out that there is no plausible explanation for the delay. 4.

After going through the application and for the reasons stated in paragraph No.3 of the application and in the interest of justice and fair opportunity, delay so caused requires to be condoned. The application stands allowed and disposed of. Delay stands condoned.

5.

Registry to verify and to take further steps. 6.

Issue notice to the respondent in application for leave to appeal by private party. Learned Advocate Mr. S. V. Bhopi h/f. Mr. A. D. Hande waives notice on behalf of respondent. 7.

Stand over to 23.07.2025.

(ABHAY S. WAGHWASE, J.) Tandale