Bombay High CourtCRMA/262/2019disposed of

Adrian Castanha., v. State, Thr. P.P., CBI, Panaji And ANR.,

2019-10-21Hon'Ble Shri Justice Prithviraj K. Chavan2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL MISC. APPLICATION NO. 262 OF 2019 IN CRIMINAL REVISION APPLICATION NO. 53 OF 2017 ADRIAN CASTANHA., ... Applicant

Versus

STATE, THR. P.P., CBI, PANAJI AND ANR., ... Respondents Mr. Arun De Sa and Mr. S. Shet, Advocates for the applicant. Mr. M. Amonkar, Addl. Public Prosecutor for the respondents. Coram:- PRITHVIRAJ K. CHAVAN, J.

Date:- 21st October, 2019 P.C.

Issue notice to the respondents.

2. Mr. M. Amonkar,learned Addl. Public Prosecutor waives notice on behalf of the respondents.

3. The revision preferred by the applicant against the impugned judgment and order of conviction dated 31.8.2019 was impugned by way of revision application no.53/2017 which has been pending since long.

4. None was present despite call on 9.10.2019 and, therefore, revision application was dismissed for want of prosecution.

5. Heard Mr. Arun De sa, learned Advocate for the applicant and Mr. M. Amonkar, learned Addl. Public Prosecutor for the

CRMA/262/2019 respondents.

6. Mr. De Sa, learned Counsel for the applicant submits that it is bonafide mistake on the part of the Counsel and, therefore, revision application needs to be restored by recalling the order passed by this Court on 9.10.2019. It is also submitted that the applicant has a good case on merits.

7. Having heard learned Counsel for the applicant and the respondents, in the interest of justice, order passed by this Court on 9.10.2019 be recalled and revision application be restored to the file subject to the cost of Rs.2,000/- (Rupees two thousand only) to be deposited with the Goa State Legal Services Authority within a week from today. After depositing the cost, revision application shall stand restored.

8. Application stands disposed of.

PRITHVIRAJ K. CHAVAN, J.