The State Of Maharashtra v. Balasaheb Laxman Takawade And ANR.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.1636 OF 2019 IN CRIMINAL APPEAL NO.1354 OF 2002 The State of Maharashtra Applicant versus Balasaheb Laxman Takawade and another Respondents Mr.S.V.Gavand, APP, for Applicant-State.

Mr.Satyam H. Nimbalkar with Mr.S.H.Salunke, Advocate for respondents.

CORAM : PRAKASH D. NAIK, J.

DATE : 25th April 2022 PC :

1.

This is an application for restoration of Criminal Appeal No.1354 of 2002 which has been dismissed for want of prosecution vide order dated 1st August 2019.

2.

Learned APP submit that inadvertently the concerned prosecutor did not attend attend the matter. Vide common order several appeals were dismissed for default since nobody represented the State.

3.

Learned counsel for respondent nos.1 and 2 submit that appeal is pending since 2019. The concerned prosecutor was not present when the appeal was called out. Hence no case is made out for restoration of appeal. As noted hereinabove, this Court had MANISH SURESH THATTE MANISH SURESH THATTE Date: 2022.04.27 14:23:18 +0530 dismissed the appeal since nobody represented the State of Maharashtra.

2 of 2 31.IA.1636.2019.doc 4.

In the interest of justice and for the reasons stated in the application, the order dismissing the appeal is required to be recalled.

ORDER

(i) The order dated 1st August 2019 is recalled;

(ii) Criminal Appeal No.1354 of 2002 is restored to file; (iii) Criminal Appeal No.1354 of 2002 be listed for hearing in due course;

(iv) Interim Application No.1636 of 2019 is disposed off. (PRAKASH D. NAIK, J.) MST