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Bombay High Court

DEEPAK BHARGAVAversusTHE CENTRAL BUREAU OF INVESTIGATION

Decided
Disposal
Allowed

Holding

The Court condoned the delay and allowed the interim application, subject to payment of costs to the CBI.

Summary

Deepak Bhargava filed Criminal Revision Application No.346 of 2017, which was dismissed by the learned Single Judge on 19 January 2024 for non‑prosecution. He subsequently filed an interim application seeking condonation of a 482‑day delay in filing the revision and restoration of the dismissed application. The applicant’s counsel argued that miscommunication caused the advocate’s non‑appearance and pleaded for condonation. The CBI opposed, emphasizing the substantial delay. The Court examined the record, found that satisfactory reasons for both the non‑appearance and the delay were furnished, and therefore allowed the interim application on the condition that the applicant pay Rs.5,000 to the CBI within four weeks. The interim application was thus disposed of in the applicant’s favour, subject to costs.

Issues considered

  • Whether a delay of 482 days in filing an interim application for restoration of a dismissed criminal revision can be condoned.
  • Whether the interim application seeking restoration of the revision should be allowed despite the delay.

Subjects

  • criminal revision
  • condonation of delay
  • interim application
  • non‑prosecution
  • costs
  • High Court of Bombay

Judgment

                                                921-CRI.IA-3115-2025.DOC

                                                              Akash Tayde




        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              CRIMINAL APPELLATE JURISDICTION

           INTERIM APPLICATION NO.3115 OF 2025
                            IN
       CRIMINAL REVISION APPLICATION NO.346 OF 2017


Deepak Bhargava                                       …Applicant
     Versus
The Central Bureau of Investigation                   …Respondent


Ms. Angana Sarmah i/b Diwakar Singh, for the Applicant.
Mr. Jai Vohra i/b Amit Mundhe, SPP, for CBI.


                    CORAM:       MADHAV J. JAMDAR, J.
                    DATED :      17TH JUNE 2026
PC:-


1.     Heard Ms. Sarmah, learned Counsel appearing for the

Applicant and Mr. Vohra, learned Counsel appearing for the

Respondent - Central Bureau of Investigation.

2.     The relief sought in the Interim Application is seeking

condonation of delay of 482 days in filing the application and for

restoration of Criminal Revision Application No.346 of 2017. The

said Criminal Revision Application No.346 of 2017 has been

dismissed by the learned Single Judge by order dated 19 th January

2024 for non prosecution.




                              Page 1
                                               921-CRI.IA-3115-2025.DOC

                                                             Akash Tayde




3.    It is submitted by learned Counsel appearing for the

Applicant that due to some miscommunication the Applicant's

Advocate failed to remain present. She submits that for the reasons

set out in the application, the application be allowed.

4.    On the other hand, Mr. Vohra, learned Counsel appearing for

the Respondents strongly opposes the application. He submits that

there is huge delay of 482 days and therefore, the application be

dismissed.

5.    Perusal of the record shows that reasons are set out for non

appearance of the Advocates and the Criminal Revision Application

has been dismissed at the stage of admission. Adequate reasons are

also set out for delay condonation. Accordingly, for the reasons set

out in the application the same is allowed in terms of Prayer

Clause 'b' and 'c' on the condition that the Applicant pays cost of

Rs.5,000/- to the Respondent - Central Bureau of Investigation

within a period of four weeks from today.

6.    The Interim Application is disposed of in above terms.



                                          [MADHAV J. JAMDAR, J.]




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