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Bombay High CourtIA/1552/2023disposed off

1 Deepak Narendra Aggarwal v. State Of Maharashtra

2023-08-22Hon'Ble Shri Justice Sarang Vijaykumar Kotwal2 pages

32-IA-1552-2023 in REVST6539-23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.1552 OF 2023 IN CRIMINAL REVISION APPLICATION (ST) NO.6539 OF 2023 Deepak Narendra Aggarwal & Ors ...Applicants

Versus

The State of Maharashtra

...Respondent

------------ Mr. Aamir Asif Qureshi, Advocate, for Applicants. Ms. M.R. Tidke, APP, for State/Respondent.

------------ Digitally signed by ASHWINI JANARDAN VALLAKATI Date:

2023.08.25 16:03:07 +0530 ASHWINI JANARDAN VALLAKATI CORAM : SARANG V. KOTWAL, J.

DATE : 22nd AUGUST 2023 PC :

1.

This is an Application for condonation of delay in filing the Criminal Revision Application. There is a delay of 2 years 310 days. The Applicants have challenged the order dated 25th February 2020 passed by Ad-hoc Assistant Sessions Judge-1, Raigad, Panvel below Exhibit 14 in Sessions Case No.210 of 2019, whereby, the Application of the Applicants for discharge, was rejected.

2.

Learned Counsel for the Applicants submitted that the Applicant No.1 was the main Accused and he was looking after the Criminal proceedings. His wife underwent a major surgery during Ashwini V

32-IA-1552-2023 in REVST6539-23 that period. The impugned order was passed just before the lockdown was imposed and, therefore, there is a delay of more than two years.

3.

Learned APP opposes these submissions. However, considering the grounds mentioned in the Application and the submissions made before the Court, the delay of 2 years and 310 days in filing the Revision Application is condoned. The office is directed to process the Revision Application further. The Revision Application be placed for further consideration on 15th September 2023.

4.

Learned Counsel for the Applicants is at liberty to file a separate compilation of typed copies of the relevant documents from the charge-sheet.

5.

The Revision Application be listed on 15th September 2023. Till then, the trial Court shall not proceed with the trial. 6.

The Interim Application is disposed of accordingly. (SARANG V. KOTWAL, J.) Ashwini V