Firoz Chand Shaikh v. The State Of Maharashtra

1 18.1256.17 apl ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1256 OF 2017 Irfan Chand Shaikh .....Applicant V/s.

The State of Maharashtra .....Respondent WITH CRIMINAL APPLICATION NO. 1257 OF 2017 Firoz Chand Shaikh ....Applicant V/s.

The State of Maharashtra ....Respondent Mr. Vikas Shivarkar for the applicants.

Mr. S. S. Pednekar APP for the State.

CORAM :

NITIN W. SAMBRE, J.

DATE :

APRIL 12, 2018.

P.C.

Exhibit 75 is application before the Sessions Court in Sessions Case no. 117 of 2007 for cancellation of non-bailable warrant which was rejected by the learned Sessions Judge on 31/10/2017. The learned counsel for both accused-applicants in these two

2 18.1256.17 apl applications would urge that accused persons, were externed or were in jail and as such, there was no intentional default in attending the trial.

He would also press into service other grounds for cancellation of non-bailable warrant.

Having perused Exhibit 75, application for cancellation of nonbailable warrant, I hardly notice any such cause or ground raised before the learned Sessions Judge, who had no occasion to deal with the same.

That being so, interim order dated 07/12/2017 passed by this Court, staying the execution non-bailable warrant is extended by 6 weeks. Both these applications are disposed of as withdrawn with liberty to the applicants to canvass their grievance afresh by raising such ground including one which are raised in present applications. [NITIN W. SAMBRE, J.]