Shriram Balasaheb Mane v. The State Of Maharashtra

Criminal W.P. No.118/2022 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.118 OF 2022 Shriram s/o Balasaheb Mane ... PETITIONER

VERSUS

The State of Maharashtra ... RESPONDENT .......

Mr. S.A. Ambad, Advocate for petitioner Mr. S.P. Sonpawale, A.P.P. for respondent .......

CORAM :

R. G. AVACHAT, J.

DATE :

9th FEBRUARY, 2022 PER COURT :

Heard. The challenge in this petition is to the order dated 26/2/2020, passed by Additional Sessions Judge, Ambajogai below Exh.1 in Misc. Criminal Application No.30/2019, whereunder the application for restoration of the appeal against conviction preferred by the petitioner herein came to be dismissed in default for having failed to pay Paper Book charges.

2.

It needs no mention that, the criminal appeal has to be heard on its merits and cannot be dismissed such a way. Learned counsel for the petitioner submits that, the petitioner

Criminal W.P. No.118/2022 :: 2 ::

is ready to deposit the Paper Book charges within a week. The order impugned herein is, therefore, set aside. The Criminal Appeal No.18/2004 stands restored to the file of the learned Additional Sessions Judge, Ambajogai for being decided on its own merits. Even the Criminal Appeal may be heard by dispensing with the Paper Book.

3.

It is informed that, the trial Court has issued nonbailable warrant only with a view to seek execution of the order of sentence which was under challenged in the Criminal Appeal, which came to be dismissed in default. The order of issuance of warrant, if any, is also hereby quashed and set aside.

4.

Criminal Writ Petition stands disposed of.

( R. G. AVACHAT ) JUDGE fmp/-