The court condoned delay and restored a writ petition. The trial is directed to proceed without prejudice to the applicants' rights to the benefit of discharge if applicable. No final judgment was passed.
Condonation of delay and restoration of the writ petition for filing; Trial directed to proceed without prejudice to rights to discharge.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.26 OF 2006
IN
CRIMINAL WRIT PETITION NO.1391 OF 2000
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Office Notes, Office
Memoranda of Coram Court’s or Judge’s orders
appearances, Court’s orders
or directions and
Registrar’s orders
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Mr.K.S.Patil for the applicants.
Mr.J.C.Satpute for CBI.
Mrs.M.H.Mhatre APP for the State.
Coram : R.S.Mohite,J
Date : 3.2.2006.
PC
1. This is an application for
condonation of delay and restoration
of Criminal Writ petition
No.1391/2000. In the said Writ
petition, stay was obtained on
7.12.2001 but it was dismissed for
default as none appeared for the
petitioners and no steps have been
taken by the petitioners. The case
itself pertains to year 1988 and 18
years have gone by without a trial.
Needless to say that this itself
prejudice the prosecution in so far
as witnesses may no longer be
: 2 :
available. In the circumstances,
though the delay is condoned and the
Writ petition no.1391/2000 is
restored to file, it is directed that
the trial against the accused will
proceed but no final judgment will be
passed without permission of this
Court. Writ petition 1391/2000 to be
listed on the board of final hearing
in the week commencing from 27.3.2006
and it should be placed high on
board. It is made clear that the
direction given in this petition that
the trial should proceed without
prejudice to the rights of the
applicants in this case if they ought
to have been discharged.
(R.S.Mohite,J)
Applicants
State
R.S. Mohite
As recorded by the court registry
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