Pintya @ Prashant Babarao Sawarkar (In Jail) v. State Of Mah. Thr. Police Station Wani Dist.Yavatmal

8appeal5.2011.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Criminal Application (APPA) No. 138/2021 in Criminal Appeal No. 05/2011 Pintya @ Prashant Babarao Sawarkar V/s The State of Maharashtra, thr. PSO, Police Station, Wani. ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar's Orders.

Shri S.S.Deshpande, Advocate for applicant/appellant. Shri I.J.Damle, APP for Non-applicant/State.

CORAM: N.B.SURYAWANSHI,J.

DATE: 26/02/2021.

This application is filed seeking recall of the order passed by this Court on 03.02.2021, whereby the appellant was asked to deposit costs of Rs. 5000/-, as he failed to collect the paper-book in spite of opportunities given to him.

Learned Advocate for the appellant states that earlier advocate representing the appellant did not collect the paper-book and also did not intimate the appellant about listing of the matter. He further states that the appellant is running grocery shop in Village Manki, Post Mohurli, Dist. Yavatmal and it is not possible for him to deposit the costs.

The reasons assigned in the application are not acceptable and they are not sufficient to

8appeal5.2011.odt 2 absolve the appellant from depositing the costs. The appellant has to obey the order of this Court and deposit the costs.

The Criminal Application is therefore, disposed of as rejected.

The appellant is granted 15 days' time to deposit the costs.

Criminal Appeal No. 05/2011 At the oral request of learned Advocate for the appellant, the bailable warrant issued against the appellant is stayed.

JUDGE rkn