Bombay High Court
BONIFACE EMENIKEversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
Holding
The court held that a bail application dismissed for non‑prosecution may be restored upon proper application and consideration of the parties’ submissions.
Summary
Boniface Emenike filed a bail application which was dismissed on the ground of non‑prosecution. He subsequently filed an interim application seeking restoration of the dismissed bail application. The court considered the submissions of counsel for both parties and the reasons set out in the application. Finding no impediment, the court allowed the interim application. The bail application was restored to the file and scheduled to be listed for hearing on 9 February 2026.
Issues considered
- Whether a bail application dismissed for non‑prosecution can be restored?
Subjects
- bail
- restoration of bail
- interim application
- criminal procedure
- non‑prosecution
Judgment
93-IA-4548-2025 (CR).doc
Shubhada S Kadam
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 4548 OF 2025
IN
BAIL APPLICATION NO. 3326 OF 2025
Boniface Emenike
Versus
The State of Maharashtra
_________________________________________________________________
Mr. Rounak Naik along with Mr. Lochan Chandka, Advocate for the
Applicant.
Mr. B.B. Kulkarni, APP for Respondent-State.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 23rd JANUARY, 2026.
P.C. :
1. By this application, the applicant is seeking restoration of bail
application, which was dismissed for non-prosecution.
2. Considering the submission of learned counsel for the applicant and
the reasons mentioned in the application, the application is allowed and
disposed of.
3. The bail application is restored to file and be listed on 9 th February
2026.
Digitally
signed by
SHUBHADA
SHUBHADA SHANKAR
(SHIVKUMAR DIGE, J.)
SHANKAR KADAM
KADAM Date:
2026.01.28
11:40:13
+0530
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