Naushad Kha Gaffar Kha And Another (In Jail) v. State Of Maharashtra Thr. P.S.O. Akot File Nagpur

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APPA) NO. 651 OF 2016 IN CRIMINAL APPEAL NO. 65 OF 2016 (Naushad Kha Gaffar Kha & Anr. vs. State of Maharashtra thr. PSO, Akot File, Dist. Nagpur) _____________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's Orders.

CORAM : B.P. DHARMADHIKARI & A.S. CHANDURKAR, JJ.

OCTOBER 10, 2016.

Heard Shri V.A. Thakare, learned APP for the applicant/ appellant/ State and Shri A.K. Bhangde and L.B. Thawkar with N.P. Singhania, learned counsel for applicants/ respondent Nos. 4 & 6.

Considering the facts, this Court while admitting Criminal Appeal, did not direct any action under Section 390 of Code of Criminal Procedure. Criminal Appeal was to be heard peremptorily on 11.07.2016.

The respondents defeated that order and did not appear, though they were served. Hence, on 22.08.2016, non-bailable warrant was directed against them. Nonbailable warrant was executed and now they are lodged at District Prison, Amravati. They have moved this application for recalling the order dated 19.09.2016.

Though we find the contentions raised in the application irrelevant, in para 20 of the application, the applicants have stated that they shall appear before this Court on each and every date of hearing without fail. Though the learned APP is opposing the

application and points out that the order of this Court, fixing the appeal peremptorily for hearing on 11.07.2016 has been defeated, in present situation, as the applicants were on bail during the pendency of proceedings before the Special Court, we direct that they be released on bail immediately during the pendency of these proceedings on same terms and conditions.

It is made clear that this Criminal Appeal under Section 12 of the Maharashtra Control of Organized Crime Act, 1999 (M.C.O.C. Act) shall be listed for final hearing on 28.11.2016 and the applicants shall remain present without fail with their counsel on that date. This shall be the condition of bail and undertaking accordingly shall be filed by them as also by their surety.

Criminal Application No. 651 of 2016 is partly allowed and disposed of accordingly. No order as to costs. JUDGE JUDGE *GS.

C E R T I F I C A T E "I certify that this Order uploaded is a true and correct copy of original signed Order."

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