Jesal Hitesh Thakar And ANR v. State Of Maharashtra

28-ia-4712-2024.doc suresh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.4712 OF 2024 IN CRIMINAL APPLICATION NO.1586 OF 2023 Jesal Hitesh Thakar & Ors.

.....Applicants In the Matter Between:

Jesal Hitesh Thakar & Ors.

.....Applicants Vs.

The State of Maharashtra & Anr.

.....Respondents Mr. Shaikh Makhdum with Ms. Nazima Malik, for the Applicant. Mr. Vinod Chate APP, for Respondent No.1-State. CORAM : SARANG V. KOTWAL AND DR. NEELA GOKHALE, JJ.

DATE : 5th DECEMBER 2024.

P.C.:- 1) This is an Application for restoration of Criminal Application No.1586 OF 2023, which was dismissed as effect of the order dated 29th August 2024. It was a conditional order. The Applicants had to carry out the amendment within a period of two weeks from 29th August 2024 by annexing the charge-sheet to the Application and making corresponding amendments in the pleadings and prayer clause. However, the amendment was not carried out within the stipulated period of two weeks. Hence, the matter stood dismissed.

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28-ia-4712-2024.doc 2) Learned Counsel for the Applicants/Petitioners submitted that the charge-sheet was filed against the Petitioners, but because of some miscommunication it was not handed over to the Learned Counsel for the Petitioners and therefore, the amendment could not be carried out.

3) Considering the submissions, the Application is allowed. Delay of 27 days in filing this Application is condoned. 4) The Criminal Application No. 1586 of 2023 is restored to its original file. It be listed for admission on 9th January 2025. 5) Accordingly, Interim Application is disposed of. (DR. NEELA GOKHALE, J.) (SARANG V. KOTWAL, J.) 2/2