Sheikh Mohd. Mohsin Jamal And Another v. The State Of Maharashtra, Through The P.S. Gitti Khadan, Nagpur

appp5.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPP) NO.5 OF 2016 AND CRIMINAL APPLICATION (APPP) NO.4 OF 2016 IN CRIMINAL APPLICATION (APL) NO.684 OF 2015 Sheikh Mohd. Mohsin Jamal and anr ..vs..

The State of Mah., thr Police Station Officer, Gittikhadan, Nagpur ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Shri V.P. Maldhure, Addl.P.P. for the State.

CORAM

: B.P. DHARMADHIKARI & V.M. DESHPANDE, JJ.

DATED : MARCH 4, 2016.

Heard.

Both the applications are taken up together with consent of the parties.

Criminal Application (APL) No.684 of 2015 filed by the applicants was dismissed for want of prosecution on 23.11.2015.

Learned counsel for the applicants Shri Borkute submits that learned counsel then representing the applicants is bedridden and, therefore, could not attend the matter. He further submits that the fact of dismissal was learnt late. There is delay of about 12 days in moving the application for restoration. .....2/-

appp5.16 Learned Addl.P.P. is seeking time to verify the facts.

However, ill-health of Shri Khan, Adv. is not in dispute.

In this situation, as we do not see any mala fide, we condone the delay. Accordingly, Criminal Application No.5 of 2016 is allowed. For the very same reasons, Criminal Application No.4 of 2016 is also allowed and order dated 23.11.2015 is recalled. Criminal Application (APL) no.684 of 2015 is restored back to file.

JUDGE JUDGE !! BRW !!

...../-