Raghunath Dashrath Garud And ANR v. Vridheshwar Agricultural Produce Transport Pvt Ltd Thr Designated Person

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3516 OF 2016 IN CRIMINAL APPEAL NO.850 OF 2005 Raghunath s/o Dashrath Garud, Age-77 years, Occu:Nil., R/o-Varur (Bk.), Tq-Shevgaon, Dist-Ahmednagar ...APPLICANT (Orig. Resp. No.1)

VERSUS

1) Vridheshwar Agricultural Produce Transport Pvt. Ltd., Adinathnagar, Tq-Pathardi, Dist-Ahmednagar, Through its Designated Person, Shri Vasant s/o Bapurao Tupe, Age-63 years, Occu:Service, R/o-Adinathnagar, Tq-Pathardi, Dist-Ahmednagar,

2) The State of Maharashtra ...RESPONDENTS ...

Mr.L.B. Pallod Advocate for Applicant - Orig. Respondent No.1.

Mr.G.B. Rajale Advocate for Resp. No.1 - Orig. Appellant.

Mrs.V.N. Patil-Jadhav A.P.P. for Resp. No.2.

...

CORAM: A.I.S. CHEEMA, J.

DATE : 28TH JUNE, 2016 ORDER :

1.

Heard counsel for the Applicant - original Respondent No.1 accused and counsel for original Appellant. Counsel for Applicant - original Respondent No.1 has filed application to recall the bailable warrant issued. It is stated that original Respondent No.1 is about 76 years old. Shri L.B. Pallod Advocate for Applicant states that he has all the necessary instructions from original Respondent No.1 to argue the Appeal and he will argue the Appeal on the next date or on the date as may be fixed by this Court.

2.

For the reasons stated in the Application, the Application is allowed. The bailable warrant issued against original Respondent No.1 - accused is recalled. The trial

Court shall return the bailable warrant without executing the same. Hamdast may be given to Advocate for original Respondent No.1 so as to get it served on the concerned Court / Police Station. 3.

Fix the Criminal Appeal for hearing finally on 13th July 2016. It is made clear that no adjournment would be granted on next date and if the Appeal is not argued by the accused, no leniency would be shown.

[A.I.S.CHEEMA,J.] asb/JUN16