Ravindra Bairolia S/O Ratanalal Bairolia And ANR. v. The State Of Maharashtra And ANR.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.24 OF 2019 IN CRIMINAL WRIT PETITION NO.2456 OF 2014 Ravindra Bairolia s/o Ratanlal Bairolia and another Applicants versus The State of Maharashtra and another Respondents Mr.Abhishek Tripathi, Advocate for applicants. Mr.Sandesh Patil with Mr.Chintan Shah, Advocate for CBI. Mr.A.D.Kamkhedkar, APP, for State.

CORAM : PRAKASH D. NAIK, J.

DATE : 19th August 2022 PC :

1.

This is an application for restoration of interim relief granted by this Court vide order dated 19th January 2015 by recalling order dated 20th April 2017.

2.

Criminal Writ Petition No.2456 of 2014 was admitted by this Court on 19th January 2015 and interim relief granted earlier was continued. The petition was admitted to 7th June 2017 but interim relief granted earlier was vacated. Thereafter present application was preferred for restoration of interim relief.

3.

Learned advocate for applicant submits that interim relief was MANISH SURESH THATTE MANISH SURESH THATTE Date: 2022.08.22 09:53:45 +0530 vacated since adjournment was sought by advocate for applicantpetitioner. Proceedings before Trial Court any pending and Court was insisting for presence of applicant before Trial Court. After stay was vacated, there is no progress in Trial Court.

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Learned counsel for CBI submits that stay was vacated in 2017. Reason for vacating the stay is that although the petition was circulated, adjournment was sought by learned advocate for applicant. Hence, interim relief may not be restored. The petition may can be heard finally, 5.

Writ Petition was admitted by this Court by order dated 19th January 2015 and interim relief was continued. This application was preferred in 2019 and thereafter it was listed on two occasions and this Court had issued notice to other side.

6.

Considering the fact that writ petition was admitted and interim relief was granted by this Court, the order dated 20th April 2017 is recalled and interim relief granted on 19th January 2015 is restored. Criminal Application No.24 of 2019 stands disposed off. 7.

Criminal Writ Petition No.2456 of 2014 may be added to the weekly board of final hearing commencing from 19th September 2022.

(PRAKASH D. NAIK, J.) MST