-1- 920-APPLN-3136-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3136 OF 2026 IN APPLN/990/2026 BALASAHEB BHIMRAO PHATAK VERSUS THE STATE OF MAHARASHTRA AND ANOTHER ...... Advocate for Applicant : Mr. Rahul Pandhari Cheble APP for Respondent - State : Mr. S. A. Gaikwad ..... CORAM : HITEN S. VENEGAVKAR, J. DATED : 20th AUGUST 2026 PER COURT : 1. Present application is for restoration of the Criminal Application No.990 of 2026. 2. Learned Advocate for the applicant submits that initially there was an order passed by this Court to carry out amendment in terms of the judgment of the Hon’ble Apex Court in case of Pradnya Pranjal Kulkarni v. State of Maharashtra and Another. Thereafter, time was granted by this Court to carry out the amendment. The same was not complied with, and therefore, the Criminal Application came to be dismissed for default. 3. Learned Advocate for the applicant submits that he has given sufficient explanation as to why the order of this Court was 2026:BHC-AUG:37777 -2- 920-APPLN-3136-2026 not complied with, and therefore, he has also tendered an apology for the same. The reasons mentioned in the application are sufficient to come to the conclusion that it was not a deliberate act on the part of the learned Advocate for the applicant not to comply with the order. However, it was sheer negligence. 4. Taking into consideration the reasons mentioned in the application and the apology tendered by the learned Advocate for the applicant, the application is allowed and the Criminal Application is restored to its original position. 5. Amendment to be carried out within a period of four weeks from today. 6. After amendment is carried out, issue notice to the respondents Criminal Application No. 990 of 2026, returnable on 21.09.2026. Learned APP waives notice for respondent – State. (HITEN S. VENEGAVKAR) JUDGE Tandale