Shraddha Mayur Naik v. The State Of Maharashtra

WP 1074 of 2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION No. 1074 OF 2018 Shraddha Mayur Naik

...Petitioner

Vs.

The State of Maharashtra

...Respondent

****** Mr. Nilesh Badgujar for Petitioner Mrs. S.S. Kaushik -APP for the State ****** CORAM : NITIN W. SAMBRE, J.

DATE: MARCH 7, 2018 P.C.

1.

In Sessions Case No. 547 of 2014, the Learned Sessions Judge, Pune having noticed absence of the Petitioner-Accused No.3 passed an order of issuance of non-baialable warrant on 10th February, 2018. Application below Exhibit 120 for cancellation of bail has already been rejected by the impugned order dated February 22, 2018, as such this petition. 2.

The learned counsel for the Petitioner would site the cause as stated in the petition for cancellation of non-bailable warrant and assure this Court that the Petitioner henceforth shall make every endeavor to attend the proceedings and shall not delay the prosecution.

V.A. Tikam 1/2

WP 1074 of 2018 3.

The learned APP for the State has strongly objected the claim put forth by the Petitioner. According to her, the Petitioner-Accused has consistently remained absent before the Sessions Court with an intention to protract the trial. 4.

Considering the rival submissions. For the cause mentioned in the application for cancellation of non-bailable warrant and in view of assurance given on behalf of the Petitioner that the she shall attend the prosecution on each date, the orders impugned dated 22nd February, 2018 and 1st February, 2018 are hereby set aside subject to payment of the costs of Rs.2,000/- to the Legal Aid Services, Pune within a period of three weeks from today. The statement made on behalf of the Petitioner that she shall attend the proceedings before the Learned Sessions Court regularly, is accepted. 5.

Writ petition is disposed of in the aforesaid terms. [NITIN W. SAMBRE, J.] V.A. Tikam 2/2