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Bombay High CourtAPPP/522/2019allowed

Shobha Mahadeo Gadge And ANR. v. Maroti S/O. Kisnaji Bite And Other

2019-09-11Hon'Ble Shri Justice P.N. Deshmukh,Hon'Ble Smt. Justice Pushpa V. Ganediwala2 pages

1109appp522.19 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPP) NO.522 OF 2019 IN CRIMINAL APPLICATION (APPP) NO. 521 OF 2019 IN CRIMINAL APPLICATION (APPA) NO.987 OF 2018 (Shobha w/o Mahadeo Gadge and another vs. Maroti s/o Kisnaji Bite and others) ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Shri R. Kadu, Advocate for applicants/appellants. Shri P.D. Sharma, Advocate for respondent nos.1 to 3. Shri M.K. Pathan, Additional Public Prosecutor for respondent no.4.

------- CORAM : P.N. DESHMUKH AND PUSHPA V. GANEDIWALA, JJ.

DATED : SEPTEMBER 11, 2019 Heard learned Counsel for the parties.

This application is for condonation of delay of 90 days in filing application for restoration of Criminal Application No.987/2018, which came to be dismissed by conditional order dated 30/1/2019.

For the grounds mentioned in the application and considering the subject matter, which is an appeal by victim against acquittal of accused, delay is condoned. The application is allowed.

CRIMINAL APPLICATION (APPP) NO.521/2019 Heard learned Counsel for the parties.

In view of aforesaid order condoning delay

1109appp522.19 2/2 caused in preferring restoration application and considering the subject matter, the application is allowed. Criminal Application No.987/2018 is restored to file.

CRIMINAL APPLICATION (APPA) NO.987/2018 This application is filed for grant of leave to file appeal.

This application is preferred by original complainant and her son, who was also injured in the incident.

Shri Kadu, learned Counsel for applicants, submits that appeal preferred by respondent State is registered as Criminal Appeal No.237/2018 and same is admitted.

In the circumstances, leave is granted.

Appeal be registered and tagged along with Criminal Appeal No.237/2018.

JUDGE JUDGE khj