Bombay High CourtAPPA/1096/2018allowed

Keshavrao Sewakram Kosarkar v. State Of Mah.Th. Pso Gondia

2018-11-01Hon'Ble Shri Justice Z.A. Haq2 pages

1 apeal274.04

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPEAL NO.274/2004 Keshavrao S/o Sewakram Kosarkar ..Vs..

State of Maharashtra, through Police Station Officer, Tiroda P.S., Distt. Gondia - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri TA. Mirza, A.P.P. for the respondent / State. CORAM : Z.A. HAQ, J.

DATE : 1.11.2018.

By order dated 23rd October 2018, Shri J. Bastian, Advocate is appointed to argue the appeal and to assist the Court. Today he states that the appellant has approached him and engaged him to argue the appeal. The appointment of Shri J. Bastian, Advocate to argue the appeal stands cancelled and Shri J. Bastian, Advocate shall file vakalatnama on behalf of the appellant / accused.

List the appeal for hearing on 28th November, 2018.

CRIMINAL APPLICATION (APPA) NO.1096/2018 By order dated 23rd October 2018, this Court directed that non-bailable warrant be issued against the appellant - accused to secure his presence before this Court. The appellant has filed this application to recall the order dated 23rd October, 2018.

Considering the background in which order dated 23rd October, 2018 was passed, following order is

2 apeal274.04 passed:

(i) If the appellant / accused - Keshavrao S/o Sewakram Kosarkar furnishes cash security of Rs.1,00,000/- (One Lakh) and one solvent surety for Rs.20,000/- (Twenty Thousand) within one week, before the trial Court, the order passed on 23rd October, 2018 shall stand recalled.

(ii) If the appellant / accused fails to furnish cash security and / or solvent surety till 8th November 2018, the order dated 23rd October, 2018 directing issuance of non-bailable warrant against him shall stand and it shall be executed before the next date.

The criminal application is allowed in the above terms.

JUDGE Tambaskar.