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Bombay High CourtAPL/242/2017others disposed off

Bashir Yasin Shaikh v. The State Of Maharashtra And ANR

2017-03-14Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

Prs 1 9 apl 242-17-cr

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.242 OF 2017 Bashir Yasin Shaikh ... Applicant/Petitioner

Versus

State of Maharashtra and anr.

... Respondents --- Mr.Subhash Jha with Ms. Sanjana Pardeshi i/by Law Global Advocates, for the Applicant/Petitioner.

Mr.S.R.Agarkar, APP for the State.

--- CORAM : R.V.GHUGE, J.

DATE : 14 MARCH, 2017.

P.C. :

1.

Learned counsel for the Petitioner submits that instead of entertaining this Petition in which the issuance of a nonbailable warrant dated 17th May, 2016 has been challenged, the Petitioner is agreeable for depositing the entire cheque amount before the Trial Court and is willing to appear before the Trial Court within a short time. He would apply for cancellation of the non-bailable warrant.

2.

The learned APP on behalf of the Respondent-State submits that if the above mentioned statements are recorded,

Prs 2 9 apl 242-17-cr the Petitioner may appear before the Trial Court and apply for cancellation of the non-bailable warrant.

3.

In the light of the above, this Petition is disposed of. It is made clear that this Court has not dealt with the merits of the challenge to the issuance of the non-bailable warrant dated 17th May, 2016.

4.

The Petitioner would be at liberty to appear before the learned Judicial Magistrate First Class at Shahapur in summary case No. 194 of 2012 on or before the 16th day of March, 2017 for moving an application for cancellation of the non-bailable warrant. So also, his statement that the entire cheque amount would be deposited before the Trial Court on the date of appearance is accepted. The Petitioner shall accordingly deposit the said amount before the Trial Court on the day of appearance which is on or before 16th March, 2017. 5.

Needless to state, having recorded the above statements, the Trial Court shall consider the application of the Petitioner for cancellation of the non-bailable warrant on its own merits, keeping in view that the non-bailable warrant was issued to secure his presence.

(R.V.GHUGE, J.)