Anupkumar Ramnarayan Singh And ANR v. The State Of Maharashtra

Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 456 OF 2019 IN ANTICIPATORY BAIL APPLICATION NO.1724 OF 2018 Dr. Anupkumar Ramnarayan Singh & Anr.

..Applicants Vs The State of Maharashtra ..Respondents ---- Mr. C.K. Talekar for the applicants.

Ms. J.S. Lohokare, APP for State.

CORAM : A.S.GADKARI, J.

DATE : 30th April 2019.

P.C.:

1] This is an application for restoration of A.B.A. No.1724 of 2018 which was dismissed by this Court by its Order dated 15th March 2019 for non-prosecution.

2] The record indicates that, there was connected A.B.A. No.2190 of 2018 which was also dismissed for non-prosecution by the said Order dated 15th March 2019. The applicants thereafter filed separate Criminal Application No.453 of 2019 for restoration of A.B.A. No.2190 of 2018 and Criminal Application No.456 of 2019 i.e. the present application for 1/3

restoration of A.B.A. No.1724 of 2018 .

3] The record indicates on 2nd April 2019 Criminal Application No.453 of 2019 was allowed and A.B.A. No.2190 of 2018 was restored on record. The present for restoration of A.B.A. No.1724 of 2018 was also tagged along with Criminal Application No.453 of 2019. However, due to inadvertence of the Registry the present application for restoration of A.B.A. No.1724 of 2018 was not placed on board on 2.4.2019 and therefore technically A.B.A. No.1724 was not restored on file. The record further indicates that, on subsequent date i.e. on 16.4.2019 both anticipatory bail applications were allowed by a speaking Order. The Registry has therefore placed the present application on board for passing appropriate Orders. 4] As noted earlier, Criminal Application No.456 of 2019 was not produced before this Court on 16.4.2019 and therefore no orders were passed on the present application.

5] As the connected A.B.A. No.2190 of 2018 has been restored by Order dated 2.4.2019, the present application is also necessarily to be restored on file. As noted earlier, as both anticipatory bail applications were allowed by Order dated 16.4.2019, the present application i.e. Criminal Application No.456 of 2019 for restoration of A.B.A. No.1724 of 2018 is 2/3

necessarily to be allowed in terms of prayer clause (a) with retrospective effect from 2.4.2019.

6] Application is allowed in the aforesaid terms. (A.S.GADKARI, J.) 3/3