Futermal Kapoorji Borana vs The State Of Maharashtra And Ors
2021 Latest Caselaw 6867 Bom

Dusane                                          1/2     60 IA 1338.21 in wp 444.21.doc

                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         CRIMINAL APPELLATE JURISDICTION

                         INTERIM APPLICATION NO. 1338 OF 2021
                                          IN
                             WRIT PETITION NO.444 OF 2021



     Futermal Kapoorji Borana                         ....   Applicant

             Vs.

     The State of Maharashtra & Ors.                  ....     Respondents


     Mr. M.M. Chaudhari for Applicant
     Mrs. S.D. Shinde, APP for State-Respondent

                                         Coram : S.S. SHINDE AND
                                                 MANISH PITALE, JJ.

Date : 29th APRIL, 2021

P.C.:

1. This is an application seeking recall of judgment and order

dated 8th March, 2021 passed by this Court in Criminal Writ Petition

No. 444 of 2021.

2. By inviting our attention to certain paragraphs of the said

judgment, learned counsel appearing for the applicant submits that

incomplete facts have been allegedly recorded in the said judgment and

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that the position of law, which according to him is in favour of the

Applicant, has not been appreciated in paragraph 9 of the said

judgment. These submissions necessarily pertain to arguments on

merits and the same cannot be permitted by this Court.

3. Therefore, we are not inclined to entertain the present

application and accordingly it is dismissed.

4. Needless to say that the dismissal of this application and

the aforesaid Writ Petition No. 444 of 2021 will not come in the way of

the Applicant to move a fresh application before the concerned

authority with a prayer for grant of emergency covid parole.

5. If such an application is moved by the Applicant, the same

shall be considered on its own merits by the concerned authority.

     ( MANISH PITALE, J.)                                      ( S.S. SHINDE, J.)