Bombay High CourtAPPA/613/2017others disposed off

Sewanand Kusan Borkar. v. The State Of Mah.

2017-08-04Hon'Ble Shri Justice Z.A. Haq2 pages

1 apeal231.02

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO.613/2017 IN CRIMINAL APPEAL NO.231/2002 Sewanand S/o Kusan Borkar ..Vs..

The 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 M.M. Gulhane, Adv. for the applicant /appellant. Shri N.R. Patil, A.P.P. for the non-applicant /respondent - State. CORAM : Z.A.HAQ, J.

DATE : 4.8.2017.

The appellant Sewanand S/o Kusan Borkar is produced. Shri M.M. Gulhane, Advocate who appears for the appellant / accused has submitted that pursuant to the order passed by this Court on 3rd May, 2017 the appellant / accused furnished bond for Rs.15,000/- on 15th June, 2017, the paper book was collected on 26th June, 2017, however, as the Advocate missed to mark the case and could not attend on 5th July, 2017 this Court directed issuance of non-bailable warrant in execution of which the appellant is arrested. It is submitted that the matter is being attended regularly except for the lapse in not collecting paper book within time and not attending on 5th July, 2017.

Accepting the submission made on behalf of the appellant / accused, it is directed that the appellant be released, having executed bond for Rs.15,000/-

2 apeal231.02 pursuant to the order passed by this Court on 3rd May, 2017. The fact that the appellant / accused has executed bond for Rs.15,000/- as per order passed on 3rd May, 2017 was not brought to the notice of the Court when order came to be passed on 5th July, 2017 directing issuance of non-bailable warrant to secure the presence of the appellant / accused.

List the appeal for hearing on 24th August, 2017.

The appellant shall remain present at the time of hearing of this appeal.

Criminal Application is disposed of in the above terms.

JUDGE Tambaskar.