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Bombay High CourtIA/1838/2024disposed off

Santosh Sitaram Bhople And ORS v. The State Of Maharashtra And ORS

2024-05-09Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Shri Justice Shyam C. Chandak2 pages

P.H. Jayani 33 IA1838.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1838 OF 2024 IN CRIMINAL APPLICATION NO. 1070 OF 2022 PREETI HEERO JAYANI PREETI HEERO JAYANI Date: 2024.05.13 17:15:59 +0530 Shri. Santosh Sitaram Bhopale and ors.

.... Applicants v/s.

The State of Maharashtra and ors.

.... Respondents Mr. Manish Khadakban i/b. Mr. Shirish Palange for the Applicants. Mrs. M.M. Deshmukh, APP for the State.

CORAM: A.S. GADKARI AND SHYAM C. CHANDAK, JJ.

DATED : 09th MAY, 2024.

P. C. :- 1) This is an Application for restoration of Criminal Application No.1070 of 2022 which was dismissed for non-compliance of conditional Order dated 01st November, 2023. There is delay of 22 days in preferring the present Application.

2) Learned Advocate for the Applicants submitted that, clause no.7 of the Order dated 01st November, 2023 could not be complied within stipulated period and therefore the Application has been dismissed for noncompliance of the said Order. He submitted that, though belatedly now the Applicants have complied with the directions issued by Order dated 01st November, 2023. The said statement is accepted. 1/2

P.H. Jayani 33 IA1838.2024.doc 3) Perusal of Application indicates that, sufficient cause is made out for condoning the delay and restoration of the Application. 4) In view thereof, delay is condoned and Application is allowed in terms of prayer clause (a).

(SHYAM C. CHANDAK, J.) (A.S. GADKARI, J.) 2/2