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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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