Bhavesh Nanalal Javeri v. The State Of Maharashtra

Arun Sankpal

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 6745 OF 2025 Bhavesh Nanalal Javeri ..Petitioner

Versus

The State of Maharashtra

...Respondent

Mr. Hitesh Patel, for the Petitioner.

Mr. K.C. Shinde, APP, for Respondent No.1-State. Mr. Uttam Mane, PI, Unit No. 7, EOW, Mumbai, present.

CORAM:

N. J. JAMADAR, J.

DATE :

19th DECEMBER 2025 ORAL ORDER:

1.

Heard the learned Counsel for the Petitioner. 2.

The Petitioner is aggrieved by issuance of standing Non-Bailable Warrant against the Petitioner in Case No. 54/PW/2006. The learned Counsel for the Petitioner submitted that, after the filing of the chargeARUN RAMCHANDRA SANKPAL sheet that the Petitioner was not served with the summons and, by ARUN RAMCHANDRA SANKPAL Date: 2025.12.22 09:56:59 +0530 therefore, the Petitioner could not appear before the learned Magistrate. Eventually the case came to be kept on dormant file and standing NBW has been issued against the Petitioner in the year 2014. It was submitted that till the year 2012, the Petitioner was available on the same address, on which the Petitioner has received other correspondence. 1/3

3.

The learned Counsel for the Petitioner submitted that the Petitioner is willing to appear before the learned Magistrate on 26th December 2025, the next scheduled date in Case No. 54/PW/2006, and undertakes to regularly appear before the learned Magistrate till the conclusion of the said case. It was further submitted that the Petitioner has been suffering from serious heart ailments and the Petitioner's arrest poses grave risk to the health and life of the Petitioner. 4.

It appears that standing NBW was issued against the Petitioner in the year 2014. The Petitioner has annexed copies of medical reports which indicate that the Petitioner has been suffering from certain ailments.

5.

As the Petitioner has shown willingness to appear on the next scheduled date, and undertakes to regularly appear before the learned Magistrate till the conclusion of the trial, the Court considers it expedient to provide an opportunity to the Petitioner to appear before the learned Magistrate and seek cancellation of the warrant and proclamation and, in the meanwhile, grant interim protection to the Petitioner.

6.

The Petition thus stands disposed with liberty to the Petitioner to appear before the learned Magistrate on 26th December 2025 and file an application for cancellation of proclamation and standing NBW. 2/3

7.

In the event the Petitioner appears before the learned Magistrate on 26th December 2025 and files such Application, the learned Magistrate may have due regard to the fact that the Petitioner has appeared before the Court, undertakes to appear before the Court thenceforth regularly and the situation in life of the Petitioner, while deciding the said Application.

8.

In the meanwhile the execution and operation of standing NBW stands stayed.

9.

It is hereby made clear that if the Petitioner does not appear on 26th December 2025 before the learned Magistrate, this order shall stand recalled automatically.

10.

Petition disposed.

[N. J. JAMADAR, J.] 3/3