Sushma Rakesh Bharadwaj And ORS v. State Of Maharashtra

2025:BHC-AS:40929 13 apl 1009 of 2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1009 OF 2025 Sushma Rakesh Bharadwaj and Ors.

...

Applicants versus State of Maharashtra ...

Respondent Mr. Salman K. Pathan, for Applicants.

Mrs. R.S.Tendulkar, APP for State.

HC Santosh Takale, present.

CORAM: N.J.JAMADAR, J.

DATE :

25 SEPTEMBER 2025 P.C.

1.

Heard the learned Counsel for the Applicants. 2.

The challenge in this application is to an order dated 2 September 2025, whereby the learned Special Judge rejected the application to cancel NBW as the Applicants did not appear before the learned Special Judge. 3.

Learned Counsel for the Applicants invites attention of the Court to the medical certificates annexed to the Application. Applicant No.2 is stated to be carrying four months pregnancy. Applicant Nos.1 and 3 are also stated to be suffering from ailments. Learned Counsel further submits that the chargesheet was filed in the month of June 2025 and on the very second date, a nonbailable warrant came to be issued against the Applicants, despite application having been filed for the personal exemption of the Applicants. 4.

Applicant No.2 appears to be carrying pregnancy. The prayer of the SSP 1/2

13 apl 1009 of 2025.doc Applicant No.2 to exempt her appearance and permit her to appear through video-conferencing appears justifiable. The Applicant Nos.1 and 3 do not appear to be suffering from such ailments so as to prevent them from appearing before the learned Special Judge and seek cancellation of NBW. Applicant Nos.1 and 3 shall, thus, appear before the learned Special Judge on 6 October 2025.

5.

Applicant No.2 is permitted to appear through Video conferencing. 6.

Upon appearing before the Court, the Applicants are permitted to file a fresh application for cancellation of NBW before the learned Special Judge. 7.

In the meanwhile, to facilitate the applicants to appear before the Court and file an application for cancellation of NBW, the execution and operation of the NBW shall remain stayed till 6 October 2025. 8.

Criminal Application stands disposed.

( N.J.JAMADAR, J. ) SSP 2/2 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 26/09/2025 16:42:57