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Bombay High CourtIA/1908/2025disposed off

Sudhakar Kashinath Bhandari v. The State Of Maharashtra And ANR

2025-06-19Hon'Ble Shri Justice Sarang Vijaykumar Kotwal , Hon'Ble Shri Justice Shyam C. Chandak3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1908 OF 2025 IN CRIMINAL APPEAL NO. 919 OF 2023 Shri. Sudhakar Kashinath Bhandari .... Applicant v/s.

The State of Maharashtra and anr.

.... Respondents Ms. Varsha Thorat a/w. Mr. Mayur Sanap and Mr. Harsh Khot for the Applicant.

Ms. Sharmila Kaushik, APP for the State.

CORAM: SARANG V. KOTWAL AND SHYAM C. CHANDAK, JJ.

DATED : 19th JUNE, 2025 P. C. :- .

Heard Ms. Thorat, learned Counsel for the Applicant and Ms. Kaushik, learned APP for the State.

2) This is an Application for restoring the name of the Applicant - Sudhakar Kashinath Bhandari in Criminal Appeal No.919/2023. The Criminal Appeal No.919/2023 was originally filed by the Accused No.1 - Sudhakar Kashinath Bhandari and Accused No.2 - Lalit Kashinath Bhandari, who were the accused in Sessions Case No.195/2017 before the learned Additional Sessions Judge, Dindoshi, Mumbai. Both these Applicants had preferred Interim Application No.2787/2023 in Criminal Appeal No.919/2023 for their release on bail. 1/3

The earlier Division Bench of this Court had permitted the learned Counsel for the Applicants to delete the name of the Accused No.1 from the array of the Applicants in that Application which meant that the Interim Application which was an Application for Bail was to be pressed only for the Original Appellant No.2 - Lalit Bhandari and permission was given to delete the name of the present Applicant - Sudhakar Kashinath Bhandari from the array of 'Applicants'. Inadvertently, his name was deleted from the array of 'Appellants' and the learned Advocate on record inadvertently deleted his name from the Appeal itself. It was an inadvertent error. The Applicant wants to pursue his Appeal. He did not want to pursue his Bail Application which has resulted in his name being removed from the Appeal itself.

3) Learned Counsel for the Applicant submitted that it was an inadvertent error and the Applicant may not suffer because of this error. 4) Learned APP does not have any objection to grant this Application.

5) Considering these submissions and in the interest of justice, the present Interim Application is allowed. The delay in filing the present Application, is condoned. The learned Counsel for the Applicant is permitted to restore name of the present Applicant - Sudhakar Kashinath Bhandari as the Original Appellant No.1 in Criminal Appeal No.919/2023. The Appeal shall now be continued on behalf of the Original Appellant 2/3

No.1 - Sudhakar Kashinath Bhandari and the Original Appellant No.2 - Lalit Kashinath Bhandari.

6) With these observations, the Interim Application is disposed of. (SHYAM C. CHANDAK, J.) (SARANG V. KOTWAL, J.) PREETI HEERO JAYANI by PREETI HEERO JAYANI Date: 2025.07.01 11:06:04 +0530 3/3