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Bombay High CourtIA/3160/2022disposed off

Morewshwar Waman Patwardhan And ANR. v. The State Of Maharashtra And ORS.

2022-09-23Hon'Ble Shri Justice Prakash D. Naik2 pages

23--ia-3160-2022-in-APPLN-205-2021 (copy).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3160 OF 2022 IN CRIMINAL APPLICATION NO. 205 OF 2021 Morewshwar Waman Patwardhan ...Applicant

Versus

The State Of Maharashtra & Ors.

...Respondents

....

Mr. Niteen Pradhan i/by Ms. Shubhada Khot, Advocate for the Applicants.

Mr. N. P. Deshpande, Advocate for Respondent Nos. 3 to 6. Mr. S. R. Agarkar, APP for the Respondent - State. ....

CORAM

:

PRAKASH D. NAIK, J.

DATE :

23rd SEPTEMBER, 2022.

PER COURT :

1.

This is an application for cancellation of bailable warrant issued against the applicant (Accused No.5) herein. It is submitted that the applicant is aged around 94 years, bedridden and suffering from serious illness. Application was preferred by the applicant before the trial Court for exempting from appearing before the Court which was rejected and bailable warrant was issued against him. The trial Court is insisting for his presence. Considering the age of applicant and health issues, bailable warrant may be cancelled and he may be exempted from appearing before the trial Court.

Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2022.09.26 12:17:11 +0530 SAJAKALI LIYAKAT JAMADAR Sajakali Jamadar

23--ia-3160-2022-in-APPLN-205-2021 (copy).doc 2.

Considering the aforesaid circumstances, bailable warrant issued against the applicant (Accused No.5) vide order dated 12.10.2021 is set aside and the applicant is exempted from appearing before the trial Court till further orders. The applicant shall appear before the trial Court, whenever his presence is necessary. He shall be represented by his Advocate whenever, the case is listed for hearing.

3.

Interim Application stands disposed off accordingly. (PRAKASH D. NAIK, J.) Sajakali Jamadar