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2026 DAILYLAW 7560 (BOM)

BHAIAYALAL BABULAL AHIRE CORRECT NAME PRAKASH ALIAS BHAIYALAL BABULAL AHIRE ALIAS NAND AND OTHERS v. THE STATE OF MAHARASHTRA AND OTHERS

APPLN/3721/2026 · 2026-09-07

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Judgment text

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1 901criappln3721.26 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 901 CRIMINAL APPLICATION NO. 3721 OF 2026 IN APPLN/2129/2026 BHAIAYALAL BABULAL AHIRE CORRECT NAME PRAKASH ALIAS BHAIYALAL BABULAL AHIRE ALIAS NAND AND OTHERS VERSUS THE STATE OF MAHARASHTRA AND OTHERS ... Advocate for Applicant : Mr. Kulkarni Rashmi S. APP for Respondents/State : Ms. Ashlesha S. Deshmukh … CORAM : HITEN S. VENEGAVKAR, J. DATE : 07.09.2026 PER COURT : 1. Heard the learned Advocate for the applicants and the learned APP for the respondent- State. 2. The learned Advocate for the applicants submits that the present application is for restoration of the Criminal Application bearing No. 2129 of 2026, to its original position. She submits that by order dated 18.06.2026, this Court had granted leave to carry out the amendment, by filing of the charge-sheet within a period of 2 weeks. However, the date on which the amendment is to be carried out that period granted was expired, as she did not carry out the amendment. However, the amendment has been carried out one day thereafter. Though, the amendment is carried out, the effect of order dated 18.06.2026 has already taken place and the application stood dismissed for non prosecution, as mentioned by the Court, vide order dated 2 901criappln3721.26 18.06.2026. She further submits that the present application is for recalling of the said order. 3. I have perused the order passed by this Court on 18.06.2026, as well as the contents of the application as to the explanation given in paragraph No. 3, as to why the amendment is directed could not be carried out. The explanation is bonafide and sufficient for the order to be recalled in the interest of justice, the application be decided on merits. 4. For the aforesaid reasons the application stands allowed in terms of prayer Clause (B). 5. The Criminal Application No. 2129 of 2026 stands restored to its original file. 6. The office is directed to accept the amendment, which is carried out by the applicant on 02.07.2026. 7. The application stands allowed and disposed of. (HITEN S. VENEGAVKAR, J.) mahajansb/