Goldie Sud v. The Union Of India And ORS

1 904.3309.15 wp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL WRIT PETITION NO. 3309 OF 2015 Goldie Sud .....Petitioner V/s.

The Union of India and others ....Respondents Ms. Shweta Sangtani i/b Mr. Goldie Sud for Petitioner Ms Rebecca Gonsalvez for respondent nos. 1 & 2 Mrs. A. A. Mane APP for State.

CORAM : SMT. SADHANA S. JADHAV, J.

DATED : AUGUST 21, 2015.

PC :

Heard respective counsel.

2) Rule. Rule made returnable forthwith with the consent of the parties. 3) Petitioner herein is seeking relief of quashing of non-bailable warrant issued by 19th Metropolitan Magistrate in C.C. No. 365/CS/2006 dated 28/07/2015.

4) Learned counsel for the respondent submits that present petitioner had appeared before the Magistrate only on one occasion and therefore, learned Magistrate has issued non-bailable warrant. There is no reason for quashing the non-bailable warrant as the whole purpose of issuing non-bailable warrant ism

2 904.3309.15 wp is to secure the presence of the accused, however, learned counsel for the petitioner submits that the next scheduled date before the Metropolitan Magistrate is 28/08/2015. Upon instructions, learned counsel submits that petitioner would appear before the Court on 28/08/2015. 5) In view of this, the execution of non-bailable warrant is stayed till 5.00 p.m. of 28/08/2015. In the eventuality that petitioner does not appear before the Court on 28/08/2015, the Authorities shall proceed with executing nonbailable warrant. 6) Petition stands disposed of in above terms.

7) Rule is discharged.

8) Parties to act on authenticated copy of this order. (SMT. SADHANA S. JADHAV, J.) ism