Satish Padmanabh Bhat And ANR v. The State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.893 OF 2023 Satish Padmanabh Bhat & Anr.

.... Applicants versus The State of Maharashtra & Anr.

.... Respondents .......

• Mr. Ashok Kumar Dubey i/b Savj Law Solutions, Advocate for Applicant.

• Mr. Arfan Sait, APP for the State/Respondent.

CORAM

: SARANG V. KOTWAL, J.

DATE : 11th AUGUST, 2023 P.C. :

1.

This application is filed for setting aside the orders dated 09/06/2023 and 30/06/2023 passed by learned Judicial Magistrate First Class, Thane, in Criminal Case No.592 of 2016. On 09/06/2023 a non-bailable warrant was issued against the Applicants who are the accused in that case. They made an application for cancellation of the warrant. But the said application was rejected by the said Court vide order dated 30/06/2023. Digitally signed by MANUSHREE NESARIKAR Date:

2023.08.17 12:39:48 +0530 MANUSHREE NESARIKAR Nesarikar

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The matter is at the stage of cross-examination of the complainant. Learned counsel for the Applicants makes a positive statement that on the next date before the Trial Court, the Applicants shall remain present in the Court along with their advocate and they shall proceed with conducting further crossexamination of the complainant. The statement is recorded and accepted.

3.

Based on this statement, the execution of the non-bailable warrant issued against the Applicants is stayed. If the Applicants show their bonafides as stated by the learned counsel before this Court, the learned Magistrate can consider cancellation of the non-bailable warrant.

4.

Hence, the following order :

O R D E R

(i) The non-bailable warrant issued against the Applicants in Criminal Case No.592 of 2016 by

3 / 3 the Judicial Magistrate First Class, Thane, is stayed till the next date before the Trial Court. (ii) With these observations and directions, the application is disposed of.

(SARANG V. KOTWAL, J.)