Bombay High Court

NAKUL JITENDER BHOITEversusTHE STATE OF MAHARASHTRA AND ANR

Decided: 5 October 2026
Disposal: Disposed Off

Holding

The order dated 28 August 2026 is recalled and Criminal Appeal No. 621 of 2026 is restored to the file.

Summary

The applicant, Nakul Jitender Bhoite, filed an interim application seeking restoration of Criminal Appeal No. 621 of 2026, which had been dismissed by an order dated 28 August 2026. The Court examined whether the earlier order recalling the appeal could be set aside. Relying on procedural principles, the Court held that the order dated 28 August 2026 was recalled and the appeal was restored to the file. The Court directed that the restored appeal be listed for hearing on 12 October 2026. Consequently, the interim application was disposed of in the terms of the order.

Issues considered

Whether the order dated 28 August 2026 recalling Criminal Appeal No. 621 of 2026 can be set aside and the appeal restored.

Subjects

criminal appeal
restoration
interim application
procedural law

Judgment

                                                            1               45-IA 3136-26.doc



                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CRIMINAL APPELLATE JURISDICTION

                                         INTERIM APPLICATION NO.3136 OF 2026
                                                         IN
                                           CRIMINAL APPEAL NO.621 OF 2026

                       Nakul Jitender Bhoite                     … Applicant
                             Vs.
                       The State of Maharashtra & Anr.             … Respondents
                                                                -----
                       Mr. S. R. Pille for the Applicant.
                       Mr. P. H. Gaikwad, APP for Respondent No.1-State.
                       PSI Sanjivani Todkar, Kolsewadi PS is present.
          Digitally
          signed by
                                                          -----
          MUGDHA
MUGDHA    MANOJ
MANOJ     PARANJAPE
PARANJAPE Date:
          2026.10.05
                                                         CORAM :       N.R. BORKAR, J.
          18:45:41
          +0530
                                                         DATE    :     05TH OCTOBER 2026
                       P.C. :


                       1.       This is an Application for restoration of Criminal Appeal No.621 of
                       2026.


                       2.       For the reasons stated in the Application, the order dated 28 th
                       August 2026 is recalled and Criminal Appeal No.621 of 2026 is restored to
                       file.


                       3.       List the Criminal Appeal on 12th October 2026.


                       4.       The Interim Application is disposed of in the aforesaid terms.


                                                                       (N.R. BORKAR, J.)



                            Mugdha                                                               1 of 1

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