State Of Maharashtra v. Wahhed Khan Dilawar Khan

2025:BHC-NAG:586-DB -1- 18.APPP.117.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR C RIMINAL APPLICATION (APP P ) NO.

OF 2025 IN CRIMINAL APPLICATION (APPLN) NO. 119 OF 2024 (D) State of Maharashtra, through PSO, PS Andhera, Tah. Chikhali, Dist. Buldhana Vs.

Waheed Khan Dilawar Khan ********************************************************************************************** Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ********************************************************************************************** Mr. Sangram Sirpurkar, Advocate for the Accused. Mr. A.G. Mate, APP for the State.

CORAM : G. A. SANAP, J.

DATED : 20 th JANUARY, 2025.

.

This is an application for recall of the order dated 7th January, 2025, whereby the application made for cancellation of the bail was allowed.

2.

Learned advocate Mr. Sirpurkar submits that, due to his mistake, the vakalatnama could not be placed on record. It is submitted that, on account of his mistake, the applicant/accused cannot be made to suffer.

3.

Learned APP submits that there was a deliberate attempt on the part of the applicant/accused to hamper the investigation. He did not co-operate the Investigating Officer. There was breach of condition.

4.

Learned advocate Mr. Sirpurkar has filed his reply and vakalatnama. It appears that the applicant/accused had long back instructed the advocate to appear for him, but the advocate, for the reasons recorded in paragraph 4 of the

-2- 18.APPP.117.2025.odt application, could not file vakalatnama and reply on record. In my view, considering the mistake on the part of the advocate, the applicant/accused cannot be made to suffer. 5.

In view of this, the application is allowed.

6.

The order dated 7th January, 2025, is recalled. 7.

Criminal Application (APPLN) No.119/2024 be restored to file for hearing.

8.

The application stands disposed of accordingly. CRIMINAL APPLICATION (APPLN) NO. 119 OF 2024 9.

Stand over to 29.01.2025.

(G. A. SANAP, J.) Vijay Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 20/01/2025 19:01:16