Mehboobkhan Majidkhan Pathan v State of Gujarat and others
Gujarat High Court
21 June 2013
Criminal Misc. Application (For Restoration) No. 9053 of 2013 in Criminal Revision Application No. 109 of 2012
The Order of the Court was as follows :
1. RULE. Ms. Maithili Mehta, learned advocate waives the service of notice of rule on behalf of the respondent No.1 and Mr. Brijesh Trivedi, learned advocate appearing for Mr. J. T. Trivedi, learned advocate who has appeared on behalf of the respondent No.2 in the main Criminal Revision Application No.109 of 2012.
2. In the facts and circumstances of the case and with the consent of the learned advocates appearing on behalf of the respective parties, present application is taken up for final hearing today.
3. Present application has been preferred by the applicant herein – original accused to restore main Criminal Revision Application No.109 of 2012 with Criminal Misc. Application No.2998 of 2012.
4. It appears that the main Criminal Revision Application No.109 of 2012 and Criminal Misc. Application No.2998 of 2012 were dismissed by this Court for non-prosecution as the applicant herein – original accused did not comply with the earlier order dtd. 3/4/2012 passed by this Court in the aforesaid proceedings and even the applicant did not act as per his own undertaking given by him on 19/4/2012 by which the applicant herein – original accused had undertaken to deposit an amount of Rs.45,000/- on or before 19/6/2012.
5. Mr. Saiyed, learned advocate appearing on behalf of the applicant has pointed out the circumstances under which the applicant could not earlier comply with the aforesaid orders as well as his own undertaking. He has stated at the bar that the son of the applicant is present along with Demand Draft of Rs.49,050/- (towards amount of Rs.45,000/- which the applicant was required to deposit and interest thereon from 19/6/2012). It is stated that the Demand Draft payable in favour of the respondent No.2 is handed over to Mr. Brijesh Trivedi, learned advocate appearing on behalf of the respondent No.2.
6. In view of the above, now when the applicant herein – original accused has complied with the earlier order dtd. 3/4/2012 as well as undertaking given by him on 19/4/2012, present application is allowed and main Criminal Revision Application No.109 of 2012 with Criminal Misc. Application No.2998 of 2012 are ordered to be restored to file.
It goes without saying that on restoration of the aforesaid main Criminal Revision Application No.109 of 2012 as well as Criminal Misc. Application No.2998 of 2012, earlier orders inclusive of the order granting interim protection in favour of the applicant dtd. 3/4/2012 shall revive and if the applicant is in jail, he shall be released on bail on his furnishing a simple surety of Rs.5000/- and bail bond of the like amount forthwith, if not required in any other case.
7. Rule is made absolute accordingly.
Application allowed
