Sitaram Janaba Chalake v. The State Of Maharashtra

Digitally signed by RUSHIKESH VISHNU PATIL Date:

2024.08.23 18:04:58 +0530 RUSHIKESH VISHNU PATIL 1/2 13 IA.2844.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.2844 OF 2024 IN INTERIM APPLICATION NO. 1236 OF 2023 Sitaram Janaba Chalake ..

Applicant

Versus

The State of Maharashtra ..

Respondent ...

Mr. Manish Mazgaonkar a/w Mr. Ankit R. Upadhyay, for the Applicant.

Ms S. S. Kaushik, APP, for the Respondent - State. ...

CORAM: BHARATI DANGRE & MANJUSHA DESHPANDE, JJ.

DATED : 19th AUGUST, 2024 P.C:- 1.

Heard the learned counsel for the Applicant and perused the Interim Application, which seek restoration of Interim Application No. 1236 of 2023 fled in Criminal Appeal No. 766 of 2023.

2.

By order dated 12.02.2024, the Interim Application for bail was dismissed for non-prosecution by recording that, perhaps the Applicant is not interested in pursuing the Application since on earlier occasions there was no appearance.

Considering the fact that the Applicant is an accused, who is in judicial custody and it was a reason personally R.V.Patil

2/2 13 IA.2844.2024.odt attributed to the counsel who did not mark his presence on the said date, being satisfed with the bonafdes of the cause shown, the order dated 12.02.2024 is set aside. As a result, the Interim Application No. 1236 of 2023 is restored to its fle.

(MANJUSHA DESHPANDE, J.) (BHARATI DANGRE, J.) R.V.Patil