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Bombay High CourtIA/2338/2024allowed

Mr. Gulam Mohammad Nazeruddin And ANR v. The State Of Maharashtra And ANR

2024-06-21Hon'Ble Shri Justice A.S. Gadkari , Hon'Ble Justice Dr. Neela Kedar Gokhale2 pages

RVC IA-2338-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2338 OF 2024 IN CRIMINAL WRIT PETITION NO. 2781 OF 2013 Gulam Mohammad Nazeruddin & Anr.

... Applicants V/s.

The State of Maharashtra & Anr.

... Respondents Mr. Yash Pandya i/b. Jayakar & Partners for Applicants. Mr. A.I. Satpute, A.P.P. for Respondent No.1-State. CORAM : A. S. GADKARI AND DR. NEELA GOKHALE, JJ.

DATE : 21st June 2024.

P.C. :

1) This is an Application for restoration of Criminal Writ Petition No. 2781 of 2013, which was dismissed for non prosecution by Order dated 7th September 2023.

2) There is a delay of 202 days for filing the present Application. 3) Heard Mr.Pandya, learned counsel for Applicants and Mr. Satpute, learned A.P.P. for Respondent No.1-State. Perused Application. 4) Perusal of Application indicates that, no proper explanation least to say plausible explanation is offered for condonation of such an inordinate delay.

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RVC IA-2338-2024.doc 4.1) However, at the profused pleadings of learned counsel for the Applicants and on his submission that, the Applicants will pay a cost of Rs.10,000/- to the Kirtikar Law Library, High Court, Mumbai, within a period of two weeks from the date of uploading of the present Order on the Official website of the High Court of Bombay, delay is condoned and Application is allowed in terms of prayer clauses (a) & (b). ( DR. NEELA GOKHALE, J. ) ( A.S. GADKARI, J. ) by RAJESH VASANT CHITTEWAN Date: 2024.07.02 18:53:24 +0530 RAJESH VASANT CHITTEWAN 2/2