Vishwas Pandit Jape v. The State Of Maharashtra

1/2 2 ABA-2188-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2188 OF 2019 Vishwas Pandit Jape ..

Applicant

Versus

The State of Maharashtra & Anr.

..

Respondents ...

None for the Applicant.

Mr.Pratap Patil for Respondent No.2.

Mr.S.H.Yadav, APP for the State.

...

CORAM: BHARATI DANGRE, J.

DATED : 07th AUGUST, 2021 P.C:- 1.

None for the applicant.

2.

Respondent No.2 is served in furtherance of the order dated 07/10/2019 and is represented by learned counsel Mr.Pratap Patil. He has invited my attention to the order dated 07/10/2019. By indulgence, this Court in exercise of its power, had stayed the execution of the Non Bailable Warrant issued against the applicant. Liberty was granted to the applicant to approach the learned Judge who is hearing the Appeal and to make a prayer for setting aside the Non Bailable Warrant, which would be considered on its own merit, in accordance with law. The order was to operate till 20/11/2019 and it was directed that after the said date, unless the Non Bailable Warrant is set aside, the applicant shall surrender before the offcer executing the warrant.

M.M.Salgaonkar

2/2 2 ABA-2188-19.doc 3.

The application is being listed after a lapse of considerable time. Today, the counsel for the applicant is absent. Since in the order dated 07/10/2019, it was made clear that the order shall operate till 20/11/2019, the applicant had taken the risk and unless he got the Non Bailable Warrant set aside by the trial court, he ought to have surrendered or arrested.

In such circumstances, since the order in favour of the applicant has come to an end on account of timeline which was specifed, the application stands disposed of. [ SMT. BHARATI DANGRE, J. ] M.M.Salgaonkar