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Bombay High CourtAPPLN/3849/2018admittedallowedgrantedrule absolute

Rajratna S/O. Tukaram Sawant v. The State Of Maharashtra And ANR

2021-02-24Hon'Ble Shri Justice T.V. Nalawade,Hon'Ble Shri Justice M. G. Sewlikar2 pages

935 appln.3849.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

935 CRIMINAL APPLICATION NO.3849 OF 2018 IN APPLN/2840/2018 RAJRATNA S/O. TUKARAM SAWANT

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Amol R. Gaikwad. APP for Respondent/State: Mr. A. S. Shinde.

Advocate for Respondent No.2 : Mr. S. S. Shinde, h/f Mr. A. K. Bhosle. ...

CORAM :

T. V. NALAWADE & M. G. SEWLIKAR, JJ.

DATE :

24th February, 2021.

P.C.:

.

Criminal Application No.3849 of 2018 is filed for condonation of delay of 22 days caused in filing restoration application and also for relief of restoration of main matter viz Criminal Application No.2840 of 2018, which was dismissed in default.

Heard the learned counsel for Applicant, the learned counsel holding for Advocate Bhosle and the learned APP. The learned counsel holding for Advocate Bhosle submits that in the previous matter, Advocate Bhosle was about to file appearance but due to the order made by this Court that the matter shall stand dismissed automatically, the matter came to be dismissed and disposed of. The delay is only of 22 days and there are aforesaid circumstances. In

935 appln.3849.18.odt view of these circumstances, this Court holds that sufficient cause is sown. Criminal Application No.3849 of 2018 is allowed. Delay is condoned. The main matter, Criminal Application No.2840 of 2018 stands restored to its original stage. Mr. A. K. Bhosle, learned counsel needs to file appearance in this matter. Keep Criminal Application No.2840 of 2018 for final disposal at admission stage on 26th March, 2021.

[ M. G. SEWLIKAR, J. ] [ T. V. NALAWADE, J. ] ndm