Bombay High CourtAPPA/524/2017allowed

Sher Mohd.Sheikh Paija And Another. v. State Of Maharashtra.

2017-07-27Hon'Ble Shri Justice Z.A. Haq2 pages

1 appa524.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRI. APPLICATION (APPA) NO. 524 OF 2017 IN CRIMINAL APPEAL NO. 227 OF 2002.

(SHER MOHD. @ LADHYA SHEIKH PAIJA & ANR....VS.. STATE OF MAHARASHTRA.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Ranjeetsingh Gahlot, Adv. H/f. Shri A.M.Ghare, Advocate for Appellants/applicants.

Shri M.J.Khan, A.P.P. for Respondent.

CORAM : Z.A.HAQ, J.

DATED : JULY 27, 2017.

On 5th July, 2017 an order was passed in the morning session directing issuance of non-bailable warrant to secure presence of the appellants. In the afternoon session, Shri A.M.Ghare, advocate appeared and submitted that in the morning session when the matter was called out he was in some other Court. The learned advocate stated that he was appearing for the appellants and had made a statement that the appellants would remain present on the next date. In view of the submission made by the advocate appearing for the appellants, the order passed in the morning session directing issuance of Non-bailable Warrant was recalled. Now, this application is filed seeking modification of the order passed on 5th July, 2017, stating that the appellant No.2 is not in contact with the local advocate and therefore, it cannot be assured that the appellant No.2 would remain present on the next date of hearing.

2 appa524.17 Accepting the submission made by the advocate for the appellants, the order passed on 5th July, 2017 is modified.

The order passed by this Court on 11th June, 2002 suspending sentence and granting bail to the appellant No.2 is recalled.

Issue Non-Bailable Warrant to secure presence of the appellant No.2-Sk. Aabid Sk. Maheboob before this Court.

List the appeal for hearing on 4th August, 2017. The appellant No.1 shall remain present before this Court on 4th August, 2017 at 10.30 a.m.

The application is disposed of in the above terms. JUDGE RRaut..