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Bombay High CourtAPPP/193/2018others disposed off

Jalinder Raju Nikam v. The State Of Maharashtra

2018-03-16Hon'Ble Shri Justice P.N. Deshmukh2 pages

APPP. 193-18.doc VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 193 OF 2018 IN CRIMINAL BAIL APPLICATION No. 2398 OF 2017 Jalindar Raju Nikam ...

Applicant Vs.

State of Maharashtra ...

Respondent *** Mr. Harshwardhan Akolkar, for the Applicant.

Mr. S. R. Agarkar, APP for the Respondent - State. *** CORAM : P. N. DESHMUKH, J.

DATE : MARCH 16, 2018 PC :- 1.

Issue notice to Respondent. Learned APP waives service of notice for Respondent.

2.

This application is filed for restoration of Criminal Bail Application No. 2398 of 2017 which came to be dismissed for want of prosecution on 20th February, 2018. Learned counsel for Applicant submits that, in fact, counsel for Applicant had submitted a leave note for the period from 16.2.2018 till 23.2.2018. In spite of same, application came to be dismissed as aforesaid, observing that 1 / 2

APPP. 193-18.doc Applicant is not interested in prosecuting the application. Perusal of copy of leave note substantiates case of Applicant, as aforesaid. In that view of the matter, order dated 20th February, 2018 dismissing application for want of prosecution, is recalled and Criminal Bail Application No. 2398 of 2017 is restored to the file of this Court. Application is accordingly disposed of in terms of prayer clause (a). 3.

Criminal Bail Application No. 2398 of 2018 shall be placed on board on 4th April, 2018.

Sd/- [P. N. DESHMUKH, J.] Vinayak Halemath 2 / 2