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Bombay High CourtAPPP/779/2016

Sachin Raghunath Sawant And ORS v. The State Of Maharashtra And ANR

2016-09-20Hon'Ble Shri Justice A.A. Sayed,Hon'Ble Shri Justice A.S. Oka2 pages

appp­779.16 pmw FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.779 OF 2016 IN CRIMINAL APPLICATION NO.814 OF 2011 Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Nitin Sejpal for the Applicants.

Ms. M.H. Mhatre, APP for the Respondent No.1. CORAM : A.S. OKA & A.A. SAYED, JJ.

DATE : 20th SEPTEMBER, 2016 P.C.

.

Not on board. Taken on board.

1.

Heard the learned counsel appearing for the Applicants and the learned APP for the first Respondent. In view of the averments made in the application, criminal application which was dismissed for non­prosecution deserves to be restored. Accordingly, application is allowed in terms of prayer clause (a) subject to condition that appropriate steps as directed in terms of clause 2 of order dated 21st March, 2016 shall

appp­779.16 be taken by the Applicant within a period of four weeks from today. If compliance is not made within the stipulated time, the order of dismissal will stand. We clarify that interim relief or ad­interim relief which was operative till 1st September, 2016 is also restored.

(A.A. SAYED, J ) (A.S. OKA, J )