Father (Accused As Per Lower Court Judgement) v. State Of Maharashtra And ANR.

8 IA-4342-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION by HUSENBASHA RAHAMAN NADAF Date: 2024.12.12 19:53:31 +0530 HUSENBASHA RAHAMAN NADAF INTERIM APPLICATION NO. 4342 OF 2024 IN CRIMINAL APPEAL NO. 443 OF 2023 Father (Accused as per Lower Court Judgment) ...Applicant

Versus

The State of Maharashtra and Anr.

...Respondents

*** Mr. Veerdhawal Deshmukh,, Ms. Muskan Mansuri i/b. Anvish Salunke, for Applicant.

Ms. P.N. Dabholkar, APP for Respondent No.1/State. Ms. Manisha Jagtap (through legal aid services) a/w. Ms. Swara Vichare, for Respondent No.2.

Mr. Amol Divekar, PSI, Satacruz Police Station, present. *** CORAM : M.M. SATHAYE, J.

DATE : 12th DECEMBER, 2024 P.C. :

1.

Heard learned counsel for the parties.

2.

This is application for restoration of the Interim Application No.1413 of 2023, which is dismissed for default on 03.09.2024. 3.

In paragraph 9 of the application it is stated that the Advocate for the Applicant was undergoing medial treatment for spondylosis at the relevant time and though he attempted to appear before the Court, he could not appear because of severe pain suffered. It is further stated that now, the Advocate for the Applicant is ready to proceed with the matter on merits, if the application is restored. Husen

8 IA-4342-2024.doc 4.

The dismissal is dated 03.09.2024 and this application is filed on 15.10.2024.

5.

Considering the said averments and further considering that the interim application was filed for interim bail, sufficient cause is made out.

6.

The interim application is allowed in terms of prayer clause (a) and Interim Application No. 1413 of 2023 is restored to file. 7.

Place I.A. No. 1413 of 2023 for hearing on 19.12.2024. (M.M. SATHAYE, J.) Husen