Ranna Shashank Shah And ANR v. State Of Maharashtra And ANR

Ethape 1 530-IA-2720-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2720 OF 2022 IN WRIT PETITION NO. 2410 OF 2016 Ranna Shashank Shah And Anr ...Applicant

Versus

State Of Maharashtra And Anr

...Respondents

....

Mr. Aditya Mehta i/by Mihir Gheewala, Advocate for the applicant.

Mr. A. R. Patil, APP for the Respondent - State. None for respondent No.2.

....

CORAM : PRAKASH D. NAIK, J.

DATE : 18th AUGUST, 2022 PC :

1.

Not on board. Taken on board.

2.

This is an application for cancellation of non-bailable warrant issued by Court of learned Metropolitan Magistrate 33rd Court Ballard Pier, Mumbai in CC No. 3606/SS/2015 on 30.07.2022.

2.

Writ petition No. 2410 of 2016 was produced before this Court on 01.08.2022 for extension of interim relief granted earlier and the interim relief has been extended till final disposal of the said petition. Hnowever, it was pointed

Ethape 2 530-IA-2720-2022.doc out that the trial Court had issued non-bailable warrant against the petitioner and hence, liberty was granted to the petitioners to prefer separate application for cancellation of warrant.

3.

It is noted that the main petition is already admitted and interim stay was granted. Hnowever, in view of the judgment of the Supreme court in the case of Asian Resurfacing of Road Agency Pvt. Ltd. and Anr. Vs. Centrla Bureau of Investigation 1 for want of extension of interim relief, the trial court has issued non-bailable warrant against the petitioner.

4.

considering the aforesaid circumstances, non-bailable warrant issued against the petitioner vide order dated 30.07.2022 is quashed and set aside.

5.

Interim Application stands disposed of.

(PRAKASH D. NAIK, J.) (2018) 16 SCC 299