The Bombay HC restored a criminal application previously dismissed for non-prosecution due to the applicant's counsel's absence, accepting medical grounds of accident and bed rest as valid justification. The prior order of dismissal was set aside.
Application no.3005/05 restored to file; order dated 13-12-2006 set aside.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 91 OF 2007
IN
CRIMINAL APPLICATION NO. 3005 OF 2005
Bipin R. Mehta.... Applicant
versus
State of Maharashtra & anr....... Respondent.
Mr,. Sachin Dhakephalkar for the applicant.
Mr. P.P.Shinde APP for State.
CORAM; A.P. DESHPANDE, J.
DATED; 25TH JANUARY, 2008
P.C.;
1. Despite service, none appears for the respondent
no.1. This is an application for restoreation of
application no.3005/05, which came to be dismissed for
non prosecution, on account of absence of counsel on
13-12-2006. The reason set out for justifying the
absence of the counsel is stated in para 11 of the
appalication. It is stated that the advocate for the
applicant did not appear in the court as he had met
with an accident on 15-11-2006 and the doctor had
advised him to take bed rest for a period of three
months. Having regard to the reason set out for the
absence of the counsel, the present application is
allowed. The order dated 13-12-2006 is set aside.
Criminal Application is restored to file.
1 issue framed by the court
Whether a criminal application archived due to non-appearance of counsel on account of accident should be restored.
Bipin R. Mehta
State of Maharashtra
A.P. Deshpande
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court