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Bombay High CourtAPL/1352/2025disposed off

V. Gopi Krishna Choudhari v. The State Of Maharashtra

2025-11-28Hon'Ble Shri Justice N. J. Jamadar3 pages

Arun Sankpal

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION APPLICATION NO. 1352 OF 2025 V Gopi Krishna Choudhari ..Applicant

Versus

The State of Maharashtra

...Respondent

APPLICATION NO. 1353 OF 2025 V Gopi Krishna Choudhari ..Applicant

Versus

The State of Maharashtra

...Respondent

Mr. S. R. Samel, with J. D. Sawant, i/b Rajeev Sawant, for the Applicant.

Smt. R.S. Tendulkar, APP, for the Respondent-State in APL/1352/2025.

Mr. K.C. Shinde, APP, for the Respondent-State in APl/1353/2025. Ms. Shilpa Thenge, API, EoW, Mumbai, present.

CORAM:

N. J. JAMADAR, J.

DATE :

28th NOVEMBER 2025 ORAL ORDER:

1.

Heard the learned Counsel for the Applicants. 2.

These Applications are preferred, being aggrieved by an order ARUN RAMCHANDRA SANKPAL dated 3rd November 2025, passed by the learned Magistrate, 47th Court, ARUN RAMCHANDRA SANKPAL Date: 2025.11.29 16:24:08 +0530 Esplanade, Mumbai to issue NBW against the Applicant. 1/3

3.

The learned Counsel for the Applicant submitted that, the Applicant could not appear before the learned Magistrate on the scheduled date as the Applicant was unwell. Copies of the medical and diagnostic test reports are annexed to the Applications. 4.

The learned Counsel submits that, the Applicant is willing to appear before the learned Magistrate on the next scheduled date, i.e., 23rd December 2025.

5.

In the aforesaid view of the matter and the submissions on behalf of the Applicant, Applications stand disposed with liberty to the Applicant to appear before the learned Magistrate on 23rd December 2025 and file the Applications for cancellation of NBW. 6.

If the Applicant appears before the learned Magistrate on 23rd December 2025 and files Applications for cancellation of NBW, the learned Magistrate may have due regard to Applicant claim's that he could not appear before the Court as he was unwell, and pass an appropriate order on those Applications.

7.

To facilitate the Applicant to appear before the learned Magistrate, the execution and operation of the NBW shall remain stayed till 23rd December 2025.

8.

It is hereby made clear that, if the Applicant does not appear before the learned Magistrate on 23rd December 2025, the aforesaid stay 2/3

to the execution and operation of the NBW shall stand vacated automatically.

9.

Applications disposed.

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