Paresh Nanji Gada And ORS. v. The State Of Maharashtra

Digitally signed by CHAITANYA ASHOK JADHAV Date:

2024.10.24 14:14:42 +0530 1/2 10-Ia-4219-2024.doc CHAITANYA ASHOK JADHAV

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 4219 OF 2024 IN CRIMINAL APPLICATION (APL) NO. 278 OF 2015 Paresh Nanji Gada And Ors.

..

Applicants

Versus

The State Of Maharashtra ..

Respondent ...

Mr. S. R. Kantharia, for the Applicants.

Mr. D. J. Haldankar, A.P.P. for the State/Respondent. Ms. Suvidha Pulellu, API, Dindoshi Police Station, is present. ...

CORAM : BHARATI DANGRE & MANJUSHA DESHPANDE, JJ.

DATED : 22nd OCTOBER, 2024 P.C:- 1.

By way of this Application, the Applicants are seeking condonation of delay of 497 days caused in filing the Application for restoration of the Criminal Application (APL) No. 278 of 2015, which was called out on 13.03.2023 and due to the absence of their Advocate, the matter was dismissed for want of prosecution. The said fact was came to the knowledge of the Applicants on 02.08.2024, when they were checking the status of their matters.

The Applicant Nos.2 and 4 are senior citizen and at Chaitanya

2/2 10-Ia-4219-2024.doc present residing with the other Applicants in USA. Therefore, they have filed the present Application for condonation of delay in filing the Application for restoration of the Criminal Application (APL) No. 278 of 2015.

2.

For the reasons stated in the Application by the Applicants, we are satisfied about the reasons for delay of 497 days caused in filing the Application for restoration of the Criminal Application (APL) No. 278 of 2015.

Accordingly, the Interim Application No. 4219 of 2024 is allowed and disposed off.

(MANJUSHA DESHPANDE, J.) (BHARATI DANGRE, J.) Chaitanya