Sushil Gorakhnath Gaikwad And ORS v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.357 OF 2017 IN CRIMINAL WRIT PETITION NO.4395 OF 2014 Sushil Gorakhnath Gaikwad and Ors.

....Applicants V/s.

The State of Maharashtra ....Respondents Mr. V.V.Purwant, Advocate for Applicants.

Mrs. M.M.Deshmukh,APP for the Respondent-State. ****** CORAM :- CORAM :- R.M. SAVANT & R.M. SAVANT & SANDEEP K. SHINDE, JJ.

SANDEEP K. SHINDE, JJ.

DATE :- DATE :- 1ST SEPTEMBER, 2017.

1ST SEPTEMBER, 2017.

P.C. :- P.C. :- The above Criminal Application has been filed for restoration of the above Criminal Writ Petition as it is the understanding of the learned counsel for the Applicants that the Petition has stood dismissed for non-prosecution on account of the non-compliance of the conditional order dated 24.8.2016. The learned counsel for the Applicants states that in fact the order was complied with on the same day itself. However, it is his case that the office was labouring under the impression that the said order has Shivgan

* 2/2 * 36-APPW-357-2017.doc not been complied with and has disposed of the above Writ Petition on the ground of non-removal of office objections. Having regard to the fact that the said order infact was already complied with, the above Criminal Application is allowed and made absolute in terms of prayer clause (a).

However, the restoration of the ad-interim relief which was granted on 5.12.2014 would be considered on the next date. Stand over to 15.9.2017.

(SANDEEP K. SHINDE, J) (SANDEEP K. SHINDE, J) (R.M. SAVANT, J) (R.M. SAVANT, J) Shivgan