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Bombay High Court

Ankur Atul ShahversusState ofMaharashtra

Decided
Disposal
Disposed Off

Holding

The court allowed the interim application for restoration of the criminal application.

Summary

The applicant filed an interim application seeking restoration of Criminal Application No. 377 of 2016, which pertained to obtaining leave to file an appeal. The court noted a delay in filing the interim application but, after hearing counsel and reviewing the application, found sufficient grounds to permit it. Consequently, the court allowed the interim application in accordance with the prayer clauses. The restored criminal application is scheduled to be listed on 17 March 2026 for settlement. The order was pronounced by Justice Rajesh S. Patil.

Issues considered

  • Whether the interim application for restoration of a criminal application seeking leave to appeal should be allowed despite the delay in filing

Subjects

  • criminal procedure
  • interim application
  • restoration of appeal
  • leave to appeal
  • delay in filing
  • high court

Judgment

                                                                            24. IA 488-2026.doc


                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CRIMINAL APPELLATE JURISDICTION

                                   INTERIM APPLICATION NO. 488 OF 2026
                                                   IN
                                   CRIMINAL APPLICATION NO. 377 OF 2016

ANAND    Ankur Atul Shah                                                    ..Applicant
SUDHAKAR
SUDAME
             Versus

                   The State of Maharashtra                                 ..Respondent
Digitally signed
by ANAND           Mr. M. V. Swar, Advocate, for the Applicant
SUDHAKAR           Mr. Anil K. Lulla a/w. Ms. Sunita S. Warang, Mr. Pravin Palhade &
SUDAME             Ms. Riddhi Gupta, Advocates, for Respondent Nos. 2 to 5
Date: 2026.02.23
18:04:21 +0530                    CORAM : RAJESH S. PATIL, J.

                                  DATE    : 20.02.2026
                   P. C.

                   1.      The aforesaid Application has been filed for seeking restoration

                   of the Criminal Application No. 377 of 2016 seeking leave to file

                   Appeal. There is some delay in filing the present Application.

                   2.      I have heard learned Counsel for the respective parties. I have

                   gone through the contents of the Interim Application.

                   3.      I am satisfied that a case is made out to allow the Interim

                   Application.

                   4.      The Interim Application stands allowed in terms of prayer

                   clauses (a) & (b).



                   Anand                           1 of 2
                                                     24. IA 488-2026.doc




5.      The Criminal Application No. 377 of 2016 to come up on board

on 17.03.2026 under the caption “For Settlement”.


                                                (RAJESH S. PATIL, J.)




Anand                         2 of 2


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