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Bombay High CourtAPPLN/1280/2025disposed off

Ansari Akhlaque Ahmad Abdul Hamid And Others v. The State Of Maharashtra And Another

2025-04-25Hon'Ble Smt. Justice Vibha Kankanwadi , Hon'Ble Shri Justice Sanjay A. Deshmukh2 pages

2025:BHC-AUG:12207-DB cran1280.25 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 7 CRIMINAL APPLICATION NO. 1280 OF 2025 IN/WITH CRIMINAL APPLICATION NO. 390 OF 2025 Ansari Akhlaque Ahmad Abdul Hamid and others

VERSUS

The State of Maharashtra and another ...

Advocate for Applicant : Mr. Y M Khan APP for Respondent No.1: Mrs. P.R. Bharaswadkar Advocate for Respondent No.2 : Mr. S.U. Shaikh .....

CORAM : SMT. VIBHA KANKANWADI AND SANJAY A. DESHMUKH, JJ.

DATED : 25th APRIL, 2025 PER COURT :- 1.

This application has been filed for recalling of the order dated 17.03.2025 passed in criminal application No. 390 of 2025, whereby after taking into consideration two dates absenteeism of the applicants' advocate, this Court had dismissed the application. 2.

Learned advocate for the applicants submits that he had personal difficulty on both the dates and could not remain present. 3.

Though the reason is not convincing, yet the applicants should not suffer due to the mistake committed by the advocate for them and therefore, we recall the order dated 17.03.2025, however, it

cran1280.25 -2is subject to deposit of costs of Rs.5000/- (Rupees Five thousand) to the High Court Legal Services Authority, Aurangabad, within a period of one week. Criminal application No. 390 of 2025 is restored to its original position.

4.

Learned advocate Mr. S.U. Shaikh, appears suo-moto for respondent No.2. Learned A.P.P. waives notice for respondent No.1. 5.

Learned advocate for the applicants and respondent No.2 submit that there is compromise/settlement between the parties and they want to place the same on record. The terms of settlement, if any, be filed on or before 08.05.2025 and the parties to remain present before the learned Registrar (Judicial) of this Court at 4.00 p.m. on 08.05.2025. The learned Registrar (Judicial) to verify and submit his report on or before 10.06.2025.

6.

Place the matter for further consideration on 16.06.2025. (SANJAY A. DESHMUKH, J.) (SMT. VIBHA KANKANWADI, J.) rlj/