Bombay High Court
MANOHAR CHOTTELAL SHARMAversusSTATE OF MAHARASHTRA AND ORS
- Decided
- Disposal
- Allowed
Holding
The Court recalled the dismissal and restored Criminal Appeal No.1186 of 2025, subject to payment of costs.
Summary
Manohar Chottelal Sharma filed an interim application seeking restoration of Criminal Appeal No.1186 of 2025, which had been dismissed by the High Court for want of prosecution. The Court examined whether the dismissal could be recalled and whether costs could be imposed as a condition for restoration. It held that the dismissal was premature and could be set aside, ordering the appeal to be restored to the file. The Court imposed a cost of Rs.5,000 to be paid to Kirtikar Law Library within a week. The appeal was listed for hearing on 25th August 2026 and the interim application was disposed accordingly.
Issues considered
- Whether a dismissal of a criminal appeal for want of prosecution can be recalled by the Court
- Whether the Court may impose costs as a condition for restoring the appeal
Subjects
- criminal appeal
- restoration
- want of prosecution
- costs
- interim application
Judgment
1 903-IA 2902-26 @ connected matters.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.2902 OF 2026
IN
CRIMINAL APPEAL NO.1186 OF 2025
Manohar Chottelal Sharma … Applicant/Appellant
Vs.
The State of Maharashtra & Ors. … Respondents
WITH
CRIMINAL APPEAL NO.1186 OF 2025
-----
Mr. Rajesh Ranglani a/w Darshil Shah i/by Monish Bhatia for the
Applicant.
Ms. S. S. Kaushik, APP for the Respondent-State.
Digitally
signed by API Yogesh Bendkule, Hill Line PS, Thane City is present.
MUGDHA
MUGDHA
MANOJ
MANOJ
PARANJAPE -----
PARANJAPE Date:
2026.08.18
15:35:25
+0530
CORAM : N.R. BORKAR, J.
DATE : 18TH AUGUST 2026
P.C. :
1. This is an Application for restoration of Criminal Appeal No.1186 of
2025.
2. For the reasons stated in the Application, the order passed by this
Court dated 03rd August 2026 dismissing the present Appeal for want of
prosecution is hereby recalled.
3. Criminal Appeal No.1186 of 2025 is restored to file, subject to
payment of costs of Rs.5,000/- to Kirtikar Law Library within a period of
one week from today.
Mugdha 1 of 2
2 903-IA 2902-26 @ connected matters.doc
4. The Interim Application is disposed of in the aforesaid terms.
5. List Criminal Appeal No.1186 of 2025 on 25th August 2026.
6. The concerned police station shall intimate about pendency of the
present Appeal and next date of hearing to Respondent Nos.2 and 3.
7. The ad interim relief granted by this Court by the order dated 08 th
December 2025 to continue till the next date.
(N.R. BORKAR, J.)
Mugdha 2 of 2
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