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Bombay High Court

GULAM AKBAR @ AKBAR ALI ABDUL SATTAR KHOTALversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The interim application is dismissed as infructuous.

Summary

The applicant, Gulam Akbar, filed an interim application in Criminal Appeal No. 341 of 2016. Counsel for the applicant argued that the passage of time had rendered the application infructuous. The Court agreed, finding that the delay had defeated the purpose of the application. Consequently, the Court disposed of the interim application. However, the Court kept open the liberty for the applicant to file a fresh application if necessary. The judgment was delivered by Justices M. S. Karnik and Sandesh D. Patil on 17 September 2026.

Issues considered

  • Whether the interim application has become infructuous due to the passage of time

Subjects

  • interim application
  • lapse of time
  • dismissal
  • fresh application
  • criminal appeal

Judgment

                                                               902-IA-4485-2023.doc


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CRIMINAL APPELLATE JURISDICTION

                  INTERIM APPLICATION NO. 4485 OF 2023
                                   IN
                    CRIMINAL APPEAL NO. 341 OF 2016

  Gulam Akbar @ Akbar Ali Abdul Sattar Khotal                .....Applicant
            Versus
  The State of Maharashtra & Ors.                            .....Respondents
                                 .....
Ms. Tahera Qureshi, for the Applicant.

Mr. K.V.Saste, Addl.P.P for the Respondent – State.
                                   ..…
                              CORAM : M. S. KARNIK &
                                       SANDESH D. PATIL, JJ.
                                    DATE   : 17th SEPTEMBER 2026


P.C.:-

1.       Learned Counsel for the applicant submits that with the

passage of time, the application has become infructuous. The same

is accordingly disposed of.


2.       Liberty to file a fresh application is kept open.




 (SANDESH D. PATIL, J.)                               (M. S. KARNIK, J.)




Wakodikar                                                                     1/1
              Digitally signed by
RUPALI    RUPALI RAJESH
RAJESH    WAKODIKAR
WAKODIKAR Date: 2026.09.18
          16:31:14 +0530


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