SANJAY APPASAHEB PAWAR v. THE STATE OF MAHARASHTRA AND OTHERS
APPLN/3362/2026 · 2026-08-18
body2026
DailyLaw.ai
[ 2026 DAILYLAW 4183 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 4183 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
927appln3362-26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 927 CRIMINAL APPLICATION NO. 3362 OF 2026 IN WP/1005/2021 Sanjay Appasaheb Pawar VERSUS The State Of Maharashtra And Others ... Mr. Satyajit Pawar h/for Mr. Bhosale Mahesh S., Advocate for the Applicant Ms. Ashlesha Deshmukh, APP for the Respondent-State CORAM : HITEN S. VENEGAVKAR, J. Dated : 18th August, 2026 PER COURT :-
1. The learned Advocate for the applicant submits that the present application is filed seeking restoration of Writ Petition No. 1005 of 2021 which came to be dismissed for default by order dated
16.01.2026. He further submits that there is a delay of almost of about 178 days in filing of the present application for restoration. 2. The order, by which the main writ petition came to be dismissed for want of prosecution, was passed for the reason that inspite of granting repeated extensions of time to carry out amendment in terms of the Judgment of the Apex Court in case of Pradnya Pranjal Kulkarni Vs. State of Maharashtra and another, the amendment was not carried out by the applicant and his Advocate. 3. Perused the application. The reasons, as to why the applicant as well as his Advocate could not comply the directions, are specially stated in paragraph no. 3 of the application. Though the reasons stated are not satisfactory, they are yet sufficient to accept as an explanation. 1 of 2
927appln3362-26 The applicant has approached this Court with a cause and the interest of justice requires that the cause be redressed by considering the matter on merits and not to proceed on the technicalities. The learned Advocate for the applicant has also tendered his apology for not complying with the orders of this Court and he assures that the compliance will be done within a period of two weeks from today. 4. For the aforesaid reasons, following order is passed:
O R D E R (a) Criminal application No. 3363 of 2026 in Criminal writ Petition No.1005 of 20021 stands allowed. (b) Delay of 178 days caused in filing of the application is condoned. (c) The order dated 16.01.2026 passed by this Court dismissing Writ Petition No. 1005 of 2021 for non prosecution stands recalled and the Writ Petition is restored to its original position.
(d) The amendment in terms of annexing the charge sheet and complying with the directions of the Apex Court judgment in Pradnya Pranjal Kulkarni be carried out within a period of two weeks from today, failing which, the writ petition will stand dismissed without reference to this Court. (e) The Applicant is directed to pay the cost of Rs.15,000/- (Rupees Fifteen Thousand only), to be deposited with the Bar Library of Advocates' Association of Bombay High Court, Bench at Aurangabad within a period of one week from today. (HITEN S. VENEGAVKAR, J.) JPChavan 2 of 2