The court condoned a delay of 1228 days in restoring an old criminal appeal, subject to the applicant depositing costs of Rs.5000/- to the respondent accused.
Delay condoned and application restored upon depositing costs of Rs.5000/- to respondent within two weeks.
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APPP 121-2011
1
Anand
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.121 OF 2011
IN
CRIMINAL APPLICATION NO.487 OF 2006
Suresh Maikulal Gupta.Applicant
V/s.
Sanjay Fatehpuria & anr..Respondents
Mr.Subodh Desai i/b. M/s.Dhruve Liladhar &
Co., Advocate, for the Applicant
Mr.S.V.Pandey, Advocate, for Respondent No.1
Mrs.P.H.Kantharia, APP, for Respondent No.2 -
State
P.C.
.Heard the learned Counsel for the
respective parties.
2.This is an application for condonation
of delay of 1228 days in seeking restoration
of Criminal Appeal No.487 of 2006. The
application was kept back in the morning
because Advocate S.V.Pandey was to appear for
respondent No.1. He has, however, appeared
2 APPP 121-2011
now. The applicant has candidly admitted the
delay as well as lapse in having secured
presence on account of inadvertence of the
advocate for which the applicant must suffer.
The application is allowed subject to
applicant's depositing costs of Rs.5000/- to
be paid to respondent No.1 -accused within a
period of two weeks. If the costs so paid in
the registry of this Court, delay would be
condoned and application would be restored.
1 issue framed by the court
Whether to condone a delay of 1228 days in seeking restoration of a criminal appeal.
Suresh Maikulal Gupta
Sanjay Fatehpuria
P.C.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court