Mohd. Talha Hamid Miyan Ansari v. The State Of Maharashtra

903.apl395.20.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 395 OF 2020 Mohd. Talha Hamid Miyan Ansari.

..Applicant.

v/s.

The State of Maharashtra.

..Respondent.

Mr. Fernandes Jude Sebastian Caitan, advocate for applicant. Ms. P.P. Shinde, APP for State.

CORAM : SMT. SADHANA S. JADHAV,J.

DATE : MARCH 19, 2020.

P. C. :

Heard the learned Counsel for the applicant and the learned APP for state.

The applicant is an accused in Criminal Case No. 366/ PW/2012, wherein the applicant is being tried for an offence punishable under section 452, 323, 504, 506 r/w section 34 of the Indian Penal Code. The applicant has failed to mark his presence before the Addl. Chief Metropolitan Magistrate, 2nd Court, Mazgaon(Seweree), Mumbai on 13/2/2020. Hence, non bailable warrant has been issued against the present applicant. Learned Counsel for applicant submits that it is true Talwalkar

903.apl395.20.doc that the applicant was not attending the court and was only filing application seeking exemption and finally, the court was constrained to issue non-bail warrant on 13/2/2020. The present applicant is original Accused No. 2. It is reported that the warrant report of accused No. 1 is still pending. However, it would be necessary to ensure presence of the accused/applicant before the court.

Learned Counsel for the applicant upon instructions submits that the applicant would remain present before the Additional Chief Metropolitan Magistrate, 2nd Court, Mazgaon(Sewree), Mumbai on 23/3/2020 and pray for cancellation of non-bailable warrant.

In view of the above, Learned Magistrate shall consider the same on its own merits and take undertaking from the accused/applicant that he shall mark his presence before the Court on each and every date after 2nd April, 2020. Hence, the Non-bailable warrant issued vide order dated 13/2/2020 is stayed till 5 p.m. of 23rd March, 2020.

With these directions, the application is disposed of. [SMT. SADHANA S. JADHAV, J.] Talwalkar