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Bombay High CourtAPPP/1127/2018allowed

Mahendrakumar Laxman Raut v. State Of Maharashtra Thr. P.S.O. P.S. Wadi, Dist. Nagpur And Another

2018-08-23Hon'Ble Shri Justice P.N. Deshmukh,Hon'Ble Mrs. Justice Swapna Joshi2 pages

238appp1127.18 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Misc. Criminal Application (APPP) No.1127 of 2018 in Misc. Criminal Application (APPP) No.947 of 2018 in Criminal Application (APL) No.706 of 2017 (Mahendrakumar Laxman Raut vs. State and another) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Mr.A.R.Fule, Advocate for the applicant.

Mr.S.J.Kadu, A.P.P. for respondent/State.

CORAM

: P. N. DESHMUKH & MRS. SWAPNA JOSHI, JJ.

DATE : 23.8.2018.

Heard Mr.A.R.Fule, learned Counsel for the applicant and Mr.S.J.Kadu, learned Additional Public Prosecutor for respondent no.1/State. None for respondent no.2, though served.

This application is for condonation of delay of 84 days caused in filing Criminal Application No.947 of 2018 for restoration of Criminal Application No.706 of 2017 which came to be dismissed on 8.3.2018 for non-removal of Office Objections.

For the grounds mentioned in the application, delay caused is found to be satisfactorily explained. The application is, therefore, disposed of as allowed. Criminal Application (APPP) No. 947 of 2018 Heard Mr.A.R.Fule, learned Counsel for the

238appp1127.18 2/2 applicant and Mr.S.J.Kadu, learned Additional Public Prosecutor for respondent no.1/State. None for respondent no.2, though served.

This is an application for restoration of Criminal Application (APL) No.706 of 2017 which came to be dismissed for non-compliance of conditional order. For the grounds mentioned in the application, case is made out for allowing the same in the interest of justice. For the reasons mentioned as aforesaid, application is allowed. Criminal Application No.706 of 2017 is restored on the file of this Court.

Stand over to 6.9.2018.

JUDGE JUDGE *jaiswal