Tansukhlal Pannalal Jain v. the State of Maharashtra and Anr.
Case brief
What is this about?
Condonation of delay — 72 days' delay in filing restoration application; restoration of criminal application dismissed for default (order dated 16 April 2024); every day's delay need not be explained; rights not pitted against technicalities; pragmatic approach over pedantic view; Collector Land Acquisition Anantnag v. Mst. Katiji AIR 1987 SC 1353; Esha Bhattacharjee v. Managing Committee of Raghunathpur Nafar Academy (2013) 12 SCC 649; Bombay High Court Criminal Appellate Jurisdiction; Tansukhlal P. Jain v. State of Maharashtra; Interim Application No. 3137 of 2024 in Criminal Application No. 1293 of 2017; notice returnable 12 September 2025; hearing listed 26 August 2025.
What did the court decide?
Delay of 72 days condoned; Criminal Application No. 1293 of 2017 restored at the stage at which it was dismissed; notice to un-served respondents returnable on 12 September 2025 (service waived by the advocate for Respondent No. 2, the original Complainant); affidavit-in-reply permitted at least one week before the next date; hearing listed on 26 August 2025.