21-IA-3499-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3499 OF 2024 WITH APPLICATION FOR LEAVE TO APPEAL (STATE) (ST) NO. 12389 OF 2024 The State of Maharashtra ...Applicant Versus Pravin Yeshwant Shimpi ...Respondent *** Ms. Sharmila Kaushik, APP for Applicant-State. Ms. Meera Bagwe (thru VC) for Respondent. **** CORAM : M.M. SATHAYE, J. DATE : 03 SEPTEMBER, 2026 P.C. : 1. Heard learned Counsel for the parties. This is an application by State seeking condonation of delay of about 1 year and 7 days in filing leave application. 2. Learned APP submits that delay is properly explained in the application. 3. On the other hand, learned Counsel for the Respondent (accused) relying on the Affidavit-in-Reply dated 25.08.2026 has opposed the application, contending inter alia that the time spent by the Prosecutor to send a request to the Law and Judiciary Department is not explained properly. She submitted that even after the Government Resolution was issued, it is simply stated that papers were not traceable for many months. 4. I have perused the averments in the application as well as the reply. Sneha Chavan 1 SNEHA NITIN CHAVAN Digitally signed by SNEHA NITIN CHAVAN Date: 2026.09.04 11:27:51 +0530 21-IA-3499-2024.doc 5. The impugned order of acquittal holds that alleged offence punishable under Section 7, 13(1)(d) read with 13(2) of Prevention of Corruption Act, has not been proved beyond reasonable doubt. 6. The impugned order was passed in February 2023. Certified copies were obtained in March 2023. As per application, last date for filing the leave application was 26.05.2023. 7. In such circumstances, no explanation is offered as to why the office of the Prosecutor took long time of 4 months to send request further to Law and Judiciary Department on 05.08.2023. Also, after the Government Resolution was issued on 18.10.2023 and the papers were received by the office of the Public Prosecutor, High Court, Appellate Side on 23.10.2023 and assigned for drafting on 25.10.2023, the papers are stated to be not traceable for over 7 months till 06.06.2024. There is no explanation regarding delay from 25.10.2023 till 06.06.2024, when the papers are s7981imply stated to be traced. The Applicant/State has a full fledged entire machinery at its disposal and therefore, such explanations offered in routine manner, without material particulars and clear reasons cannot be accepted. 8. In that view of the matter, long delay of more than 1 year is not properly explained. Accordingly, prayer for delay condonation is rejected. Application is rejected. In view of the rejection of delay condonation application, nothing survives in the leave-application and the same is also rejected. (M.M. SATHAYE, J.) Sneha Chavan 2