Vinayak Sheshayya Sheregar And ANR v. State Of Maharashtra

12.APL-1048-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Criminal Application (APL) No. 1048 / 2021 Vinayak Sheshayya Sheregar and Anr.

.. Applicants Versus.

The State of Maharashtra .. Respondent **** Mr. Shailesh Kharad i/by Mr. Vaibhav Jagdale, Advocate for the Applicants.

Mr. A.D. Khamkhedkar, APP for State.

Ms. B.Y. Mulik, P.S.I., Vinobha Bhave Police Station. **** CORAM : SANDEEP K. SHINDE J.

DATE : 2nd DECEMBER,2021.

P.C. : - 1.

This application assails the order dated 7th March, 2021, passed in Criminal Miscellaneous Application No. 614/2021, by which the learned Additional Sessions Judge, Greater Mumbai refused to condone delay of 19 months, caused in preferring the revision against the order dated 19th July, 2019 passed by the learned Najeeb.. 1/2

12.APL-1048-2021.doc Magistrate, 59th Court, Kurla, declining the Applicant to discharge him from the Case No. 2047/PW/2016. The delay of 19 months, includes the period, during which the Court functioning was suspended due to Covid-19 pandemic.

2.

In consideration of facts of the case and for the reasons stated in the application, in my view, the Applicant had shown 'sufficient cause' by which he was prevented from challenging the order, of the learned Magistrate, in revision. In view thereof, the impugned order is set aside. Application is allowed in terms of prayer clause 'a' and disposed of accordingly. (SANDEEP K. SHINDE, J.) by MOHAMMAD NAJEEB MOHAMMAD QAYYUM Date: 2021.12.02 18:18:38 +0530 MOHAMMAD NAJEEB MOHAMMAD QAYYUM Najeeb.. 2/2