Nelson Albert D Cruz And ORS v. The State Of Maharashtra

Osk 4-Ia-285-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 285 OF 2024 IN CRIMINAL APPLICATION (APL) NO. 76 OF 2012 Nelson Albert D'Cruz & Ors.

... Applicants V/s.

The State of Maharashtra & Ors.

... Respondents Smt. Mallika Ingale for Applicants.

Mr. S.V. Gavand, A.P.P. for Respondent-State. CORAM : A. S. GADKARI AND SHYAM C. CHANDAK, JJ.

DATE : 14th February 2024.

P.C. :

1) This is an application for restoration of Criminal Application (APL) No. 76 of 2012, which was dismissed for non prosecution by Order dated 31st August 2023. There is a delay of 110 days in preferring present application.

2) Smt. Ingale, learned Advocate for Applicants submitted that, the Applicants are ready and willing to pay cost of Rs.5,000/- to the Advocates' Association of Western India Generation Next Fund, Mumbai for condonation of delay within a period of two weeks from the date of uploading of present Order on the official website of Bombay High Court. The said statement is accepted.

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Osk 4-Ia-285-2024.doc Details of the bank account for payment of cost are as under :- Account Name :- Advocates Association of Western India Generation Next.

Account Number :- 000110110007807.

Bank Name :- Bank of India.

Branch Name :- Mumbai Main.

IFSC Code :- BKID0000001.

3) Subject to payment of cost, delay is condoned and Application is allowed in terms of prayer Clauses (i), (ii) & (iii). ( SHYAM C. CHANDAK, J. ) ( A.S. GADKARI, J. ) by OMKAR SHIVAHAR KUMBHAKARN Date:

2024.02.22 15:07:31 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2