Dhanraj Narsinghdas Pallod v. The State Of Maharashtra And Others

42appln1956.24

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 42 CRIMINAL APPLICATION NO. 1956 OF 2024 IN APPLN/111/2023 DHANRAJ NARSINGHDAS PALLOD

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicant : Ms. Pooja Kishor Apache h/f Mr. Thombre S.S.

APP for Respondent Nos. 1 & 2/State : Mr.N.R.Dayama ...

CORAM : SMT. VIBHA KANKANWADI AND SANJAY A. DESHMUKH, JJ.

DATE : 04.07.2025 PER COURT :

1.

The present application has been filed for condonation of delay of 145 days in filing application for restoration of Criminal Application No. 111 of 2023.

2.

Heard learned Advocate Ms. Pooja Kishor Apache h/f Mr. Thombre S.S., for the applicant and learned APP for respondent Nos. 1 & 2.

3.

Respondent Nos. 3 and 4 though served, failed to appear. 4.

It appears that in the main matter the conditional order was passed in respect of carrying out amendment and supply of copies and that was required to be done within two weeks from 31.10.2023. The condition was put that if amendment was not carried out within said period, then the matter would stand

42appln1956.24 dismissed automatically without further reference to the Court. 5.

Learned Advocate submits that due to inadvertence amendment could not be carried out within stipulated time. 6.

In fact, the reason for delay as to why the amendment could not be carried out, it is submitted that applicant had made inquiry about the status of his petition to the Advocate on 04.05.2024 and after verifying, the Advocate informed him about the said order. For the said reason by taking liberal view, we condone delay. 7.

Learned Advocate for applicant undertakes to carry out amendment within a period of two weeks from today. In view of the same the application stands allowed and disposed of. Delay stands condoned.

8.

Criminal Application No. 111 of 2023 is restored to its original position subject to deposit of cost of Rs. 1,000/- (Rs. One Thousand only), to the High Court Legal Services Authority, Sub Committe, Aurangabad, within a period of one week from today. 9.

Amendment be carried out within a period of two weeks from today and the order dated 31.10.2023 be complied with accordingly.

(SANJAY A. DESHMUKH) (SMT. VIBHA KANKANWADI) JUDGE JUDGE mahajansb/