TSB cr12-IA-1784-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1784 OF 2026 IN WRIT PETITION NO. 4263 OF 2025 Zubair Khan … Applicant IN THE MATTER OF Zubair Khan … Petitioner V/s. State of Maharashtra & Ors. … Respondents Mr. Indrajeet Deshmukh i/b. Mr. Ashish Jha for the Applicant/ Petitioner. Mr. Shrikant V. Gavand, APP, for the Respondent -State. CORAM : A. S. GADKARI AND KAMAL KHATA, JJ. DATE : 12th October, 2026 P.C.:- 1) This is an Application for restoration of Writ Petition No. 4263 of 2025, which was dismissed for non-prosecution by Order dated 18th February, 2026. 2) Record indicates that the Petition was listed on board for hearing on 17th February, 2026. However, none had appeared for the Petitioner and therefore, the Coordinate Bench adjourned the Petition to 18th February, 2026 under the caption ‘For Dismissal’. 1/2 TRUPTI SADANAND BAMNE Digitally signed by TRUPTI SADANAND BAMNE Date: 2026.10.15 09:28:50 +0530 TSB cr12-IA-1784-2026.doc 3) On 18th February, 2026 also none appeared for the Petitioner. The Coordinate Bench thereafter dismissed the Petition by a Speaking Order dated 18th February, 2026, holding that there was no merit in the Petition. 4) We have perused the Application for restoration as well as the Orders annexed thereto. We find merit in the submission of the Applicant that, apparently, on 13th February 2026, the matter was stood over to 10th March, 2026. However, for some reason, the matter got listed on the weekly board from 16th February, 2026 to 20th February, 2026, without any intimation or notice to the Petitioner’s Advocate. 5) Though we are not impressed by the explanation given by the Advocate for not having checked the board, his excuse for not having attended the Court on 17th and 18th February, 2026, is understandable. Although the Petition was dismissed by a detailed Speaking Order on 18th February 2026, as the Petitioner was not heard in the case, we deem it appropriate to restore the Petition with a view to grant him a fair opportunity. 6) We accordingly allow the Interim Application in terms of prayer clause (a). (KAMAL KHATA, J.) (A.S. GADKARI, J.) 2/2