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Bombay High CourtAPPP/250/2015others disposed off

Satyanarayan Gulab Vanjale v. Pravin Bhagwanrao Napate And ANR.

2015-12-15Hon'Ble Smt. Justice S.S. Jadhav2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 250 OF 2015 IN CRIMINAL APPLICATION NO. 721 OF 2014 Shri Satyanarayan Gulab Wanjale ...

Applicant vs.

Shri Pravin Bhagwnrao Napate & Ors....

Respondents Ms. Jindagi Shah i/b. Mr. Sushil Nimbkar Advocate for the applicant. Mr.P.D.Desai, for respondent Nos. 1 & 2.

Ms. A.A.Mane, APP, for the State.

CORAM:

SMT.SADHANA S.JADHAV,J.

DATE : 15th December, 2015.

P.C.

Heard respective counsel.

2.

The application filed for condonation of delay in filing the application seeking leave to appeal was dismissed for want of prosecution by an order dated 9.1.2015. This is an application seeking restoration of the application seeking condonation of delay. There is 33 days' delay in filing the application seeking restoration.

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The learned counsel for the applicant submits that the learned counsel appearing for the applicant had undergone a major surgery on his right elbow on 2.1.2015 as he had sustained a fracture on his right elbow. He could not attend the Court for about two months and therefore, he has filed an application on 5.3.2015.

4.

For the reasons assigned in the application, delay of 33 days in filing the application seeking restoration in an application seeking condonation of delay is condoned in the interest of justice. Accordingly, the application is allowed. The application seeking condonation of delay bearing No.721 of 2014 is restored to its original status. Application stands disposed of.

(SMT.SADHANA S.JADHAV, J.)