Sikandar Shamshuddin Mulla v. Sarafraj Mehabub Bandar And ANR

13.appp87.19.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 87 OF 2019 IN CRIMINAL APPLICATION NO. 55 OF 2017 Sikandar Shamshuddin Mulla.

..Applicant.

V/s.

Sarafraj Mehabub Bandar & anr.

..Respondents.

Mr. Vikas Kolekar, advocate for applicant.

Mr. S.S. Pednekar, AGP for State.

CORAM : SMT. SADHANA S. JADHAV,J.

DATE : JANUARY 29, 2019.

P. C. :

This is an application seeking restoration of Criminal Application No. 55 of 2017, which was dismissed for want of prosecution by an order dated 16/10/2018. There is a delay of 61 days in filing criminal application seeking restoration. Learned Counsel for the applicant submits that the draft petition was sent for affirmation to Sangli and it was not received during the stipulated time. Hence, there is delay of 61 days. For the reasons assigned in paragraph-8 of the application and the submission advanced across the bar, the delay deserves to be condoned and the matter deserves to be restored to the original status. Hence, the application is allowed in terms of prayer clause (b) and (c). The application stands disposed of. [SMT. SADHANA S. JADHAV, J.] Talwalkar