Ravindrasingh Ashasingh Boongai v. The State Of Maharashtra

2025:BHC-AUG:18589 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2674 OF 2025 IN CRIMINAL APPEAL NO. 199 OF 2002 Ravindrasingh s/o Ashasingh Boongai Age : 53 years, Occu : Business, R/o: Gurudwara Gate No. 4, Shahidpura, Taluka and District Nanded.

... Applicant

Versus

The State of Maharashtra through Police Inspector, Police Station Vazirabad, Taluka and District Nanded.

... Respondent .....

Mr. Rajendrraa Deshmukkh, Senior Advocate i/by Mr. V. A. Chavan, Advocate for the Applicant.

Mr. S. S. Dande, APP for the Respondent-State. .....

CORAM :

ABHAY S. WAGHWASE, J.

DATED :

17 JULY 2025 PER COURT :- 1.

Instant Criminal Appeal No. 199 of 2002 was tagged with Criminal Appeal No. 216 of 2002 arising out of same Sessions Case bearing No. 19 of 1997. Appeals being of the 2002, this Court on several dates, granted adjournment and finally on 11.12.2024, as none appeared for appellant in Criminal Appeal No. 216 of 2002, had issued bailable warrant in the sum of Rs.1,000/- and it was made returnable on 15.01.2025. It appears that, as the present matter

-2bearing Criminal Appeal No. 199 of 2002 was also tagged along with said appeal, similar order seems to have been reflected in this appeal also, as the appellant in this Criminal Appeal No. 199 of 2002 or his counsel were also absent. Therefore, office seems to have initially issued bailable warrant to the appellants in both appeals. 2.

Learned senior counsel Mr. Deshmukkh pointed out that his junior, who appeared that day, i.e. 11.12.2024, probably forgot to mention presence of the appellant in Criminal Appeal No. 199 of 2002. Consequently, bailable warrant stood issued to the appellants in both appeals.

3.

Matter appeared on board dated 12.02.2025. Learned counsel Mr. V. D. Karande h/f learned counsel Mr. Granthi had caused appearance on behalf of the appellant in Criminal Appeal No. 216 of 2002. Both matters being tagged together, order of Non Bailable Warrant was made applicable to both appeals due to inadvertence. 4.

Today, when this matter is on board, above fact is brought to the notice of this Court. Appellant Ravindrasingh Ashasingh Boongai in Criminal Appeal No. 199 of 2002 is however present in the Court today and his presence is noted.

-35.

In view of the above, the Criminal Application is allowed. The Non Bailable Warrant issued against the present applicant Ravindrasingh Ashasingh Boongai, i.e. appellant in Criminal Appeal No. 199 of 2002, by order dated 12.02.2025, stands recalled. [ABHAY S. WAGHWASE, J.] vre