Ashok Yashwant Badave And ORS. v. The State Of Maharashtra And ANR.

514.WP1430_2019.doc Vidya Amin.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1430 OF 2019 Ashok Yashwant Badave & Ors.

...

Petitioners vs.

The State of Maharashtra & Anr.

...

Respondents Mr. Rushikesh C. Barge, Advocate for the petitioners. Mr. A.R. Patil, APP for the respondent/State. CORAM: Mrs.MRIDULA BHATKAR, J.

DATED: 18th March, 2019 P.C. :

Upon urgent mentioning, taken on production board. 2.

This Writ Petition is directed against the order of issuance of non-bailable warrant and also against the order of rejecting their Application of taking the Application on board. 3.

The learned counsel for the petitioners submitted that the petitioners/accused shall attend all the dates hereafter before the learned Magistrate in this case.

4.

The learned Magistrate is right in issuing non-bailable warrant, as the petitioners/accused were absent on the court

514.WP1430_2019.doc dates. However, it is a case of 2003 and the accused after giving appearance before the Court are on bail. It appears that there was confusion in respect of appearance in view of the order of the High Court dated 24th December, 2013 in Writ Petition No. 4429 of 2013.

5.

In view of this, non-bailable warrant are hereby cancelled, however, the petitioners/accused shall attend all the dates hereafter unless the exemption is obtained by the trial Court. 6.

Writ Petition is disposed of accordingly.

(MRIDULA BHATKAR, J.)