Ajaz Gulzar Sirguroh And ORS v. The State Of Maharashtra And ANR

1 / 2 26-IA-3417-24-IN-APL-361-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.3417 OF 2024 IN CRIMINAL APPLICATION NO.361 OF 2022 Ajaz Gulzar Sirguroh & Ors.

.... Applicants versus The State of Maharashtra & Anr.

.... Respondents .......

• Mr. A. S. Sayed, Advocate for Applicants.

• Mr. S. V. Gavand, APP for the State/Respondent. • Mr. Kamran Shaikh, Advocate for Respondent No.2.

CORAM

: SARANG V. KOTWAL & S. M. MODAK, JJ.

DATE : 26th FEBRUARY, 2025 P.C. :

1.

This application is for restoration of Criminal Application No.361 of 2022. It was dismissed for nonprosecution vide the order dated 09/08/2024. Learned counsel for the Applicants submitted and it is also stated in the application that he was under the impression that the circulation Digitally signed by MANUSHREE NESARIKAR Date:

2025.03.01 11:12:42 +0530 was granted for 08/08/2024. But the matter was listed on MANUSHREE NESARIKAR 09/08/2024. He missed the listing and therefore he could not Nesarikar

2 / 2 26-IA-3417-24-IN-APL-361-22.odt attend the matter when it was called resulting in the dismissal of the application. He submitted that it was non-intentional. 2.

Considering these submissions and in the interest of justice, though the learned counsel for the Respondent No.2 vehemently opposed; the Criminal Application No.361 of 2022 is restored to its original files. It shall be listed on 03/04/2025. 3.

The Interim Application is disposed of.

(S. M. MODAK, J.) (SARANG V. KOTWAL, J.)