Union Of India v. Shyam Saheb Suttar @ Dnyanoba Laxman Yenpure And ANR.

902-APPP-811-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.811 OF 2018 IN CRIMINAL APPLICATION NO.58 OF 2018 UNION OF INDIA )...APPLICANT V/s.

SHYAM SAHEB SUTTAR @ DNYANOBA ) LAXMAN YENPURE AND ANR.

)...RESPONDENTS Mr.N.Narayanaswamy, Advocate for the Applicant. Mrs.Anamika Malhotra, APP for the Respondent - State. Ms.Shubhangi Mayekar, Superintendent Customs, (Marine and Prev) present in court.

CORAM

:

A. M. BADAR, J.

DATE :

3rd JULY 2018 P.C. :

Heard the learned counsel appearing for the applicant. The learned APP appears for the State of Maharashtra. The learned counsel for the applicant submits that when the application for leave to appeal was rejected, at that avk 1/2

902-APPP-811-2018.doc time, respondents therein were not noticed, and therefore, it is not necessary to issue notice to respondent no.1. Perused the application. Absence of the learned Special Public Prosecutor when the application was called out, was for bonafide reasons. Hence, the order :

ORDER

i) The application is allowed.

ii) Criminal Application (ALS) No.58 of 2018 is restored to the file by recalling the order dated 27th June 2018. iii) The application is accordingly disposed of. (A. M. BADAR, J.) avk 2/2