[1] IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 714 OF 2006. CRIMINAL APPLICATION NO. 714 OF 2006. CRIMINAL APPLICATION NO. 714 OF 2006. IN IN IN CRIMINAL APPLICATION nO. 2127 OF 2004. CRIMINAL APPLICATION nO. 2127 OF 2004. CRIMINAL APPLICATION nO. 2127 OF 2004. WITH WITH WITH CRIMINAL APPLICATION NO. 715 OF 2006. CRIMINAL APPLICATION NO. 715 OF 2006. CRIMINAL APPLICATION NO. 715 OF 2006. IN IN IN CRIMINAL APPLICATION NO. 2126 OF 2004 CRIMINAL APPLICATION NO. 2126 OF 2004 CRIMINAL APPLICATION NO. 2126 OF 2004 Mr. Gautam R. Morarka ... Applicant Mr. Gautam R. Morarka ... Applicant Mr. Gautam R. Morarka ... Applicant V/s V/s V/s State of Maharashta & Anr. ... Respondents. State of Maharashta & Anr. ... Respondents. State of Maharashta & Anr. ... Respondents. Mr. P.D. Desai for the applicant. Mr. P.D. Desai for the applicant. Mr. P.D. Desai for the applicant. Mr.S.S. Padnekar, APP and Smt. M.M. Deshmukh,APP for Mr.S.S. Padnekar, APP and Smt. M.M. Deshmukh,APP for Mr.S.S. Padnekar, APP and Smt. M.M. Deshmukh,APP for the respondents in both applications respectively. the respondents in both applications respectively. the respondents in both applications respectively. CORAM : S.C. DHARMADHIKARI, J. CORAM : S.C. DHARMADHIKARI, J. CORAM : S.C. DHARMADHIKARI, J. DATE : 13TH OCTOBER, 2006. DATE : 13TH OCTOBER, 2006. DATE : 13TH OCTOBER, 2006. P.C. P.C. P.C. . Heard Shri Desai appearing for the applicant. . Heard Shri Desai appearing for the applicant. . Heard Shri Desai appearing for the applicant. Shri Desai states that the applicant has duly served Shri Desai states that the applicant has duly served Shri Desai states that the applicant has duly served the the the respondents. The affidavit proving service is also respondents. The affidavit proving service is also respondents. The affidavit proving service is also filed. filed. filed. 2. For the reasons set out in these applications, 2. For the reasons set out in these applications, 2. For the reasons set out in these applications, [2] the order dismissing Criminal Application No. 5127/2004 the order dismissing Criminal Application No. 5127/2004 the order dismissing Criminal Application No. 5127/2004 and 5126/2004 are set aside. These criminal and 5126/2004 are set aside. These criminal and 5126/2004 are set aside. These criminal applications are restored to file. These applications applications are restored to file. These applications applications are restored to file. These applications shall now be placed for admission before the regular shall now be placed for admission before the regular shall now be placed for admission before the regular Court on 19th October, 2006. Court on 19th October, 2006. Court on 19th October, 2006. ( S.C. DHARMADHIKARI, J.) ( S.C. DHARMADHIKARI, J.) ( S.C. DHARMADHIKARI, J.)