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Bombay High CourtWP/540/2016disposed off

Eknath S/O Daulatrao Chabukswar And Other v. The State Of Maharashtra

2016-05-03Hon'Ble Shri Justice Nitin W. Sambre2 pages

criwp540.16 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.540 OF 2016 Eknath s/o Daulatrao Chabukswar & ors.

..PETITIONERS

VERSUS

The State of Maharashtra ..RESPONDENT Ms V.S. Ghanekar, Advocate holding for Mr N.S. Ghanekar, Advocate for petitioners;

Ms R.P. Gaur, Addl. Public Prosecutor for respondent CORAM : N.W. SAMBRE, J.

DATE : 3rd May, 2016 ORAL ORDER :

Heard.

2.

On perusal of application Exh.86, it is noted that dispensation of personal appearance of the petitioners - accused nos.2, 3, 6 and 8 was sought for.

2.

In Sessions Case No.232 of 2010, learned Sessions Judge rejected the application of the petitioners for exemption (Exh.86), on the ground that no sufficient ground for absence was shown and issued non-bailable warrant against them.

criwp540.16 (2) 3.

For the reasons stated in the petition and as the petitioners have deposited the amount of costs of Rs.2,000/-, in my opinion, it will be appropriate to allow the present petition, after recording assurance from the petitioners that they shall not protract the trial any more. 4.

In view thereof, writ petition stands allowed in terms of prayer clause (B).

(N.W. SAMBRE, J.) amj