Allowed

Kalias Maganlal Khichhi v. the State of Maharashtra

Bombay HC29 Nov 2011APPLN/5162/2011

Case brief

AI extract

What is this about?

The High Court at Aurangabad recalled the bailable warrant issued against the applicant for non-appearance in Criminal Appeal No. 14 of 2001, accepting sufficient cause explained and fixing the appeal for peremptory hearing.

What did the court decide?

The bailable warrant issued on 18.11.2011 is recalled and the Criminal Appeal No. 14 of 2001 is fixed for hearing on 9.12.2011.

Kalias Maganlal Khichhi Vs the State of… — Civil Procedure and Limitation | Bombay HC (2011)

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crap5162.11

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD

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CRIMINAL APPLICATION NO. 5162 OF 2011

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CRIMINAL APPEAL NO. 14 OF 2001

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Kailas s/o Maganlal Khichhi ...Applicant (Orig.accused)

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VERSUS

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The State of Maharashtra ...Respondent (Orig. complainant)

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Shri B.N.Palve, advocate for applicant Shri S.N.Kendre, A.P.P. for the respondent

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CORAM : SHRIHARI P.DAVARE, J.

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DATED : 29th November, 2011

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PER COURT :

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1 Heard respective learned counsel for the applicant.

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2 This is an application preferred by the applicant (original respondent) for recalling the bailable warrant issued against the applicant/accused by this court by order, dated 18.11.2011 passed in

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2crap5162.11

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Criminal Appeal No. 14 of 2001.

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3 For the reasons stated in the application, it appears that the applicant has explained sufficient cause for his non-appearance, as well as for non-appearance of his advocate on 18.11.2011, which resulted into issuance of bailable warrant against him, and therefore, the said bailable warrant deserves to be recalled in the interest of justice.

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4 Moreover, learned counsel for the applicant also assured that he shall work out the appeal on the next date i.e. on 9.12.2011.

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5 In the result, present application is allowed in terms of prayer clause 'B' thereof and the bailable warrant issued against the applicant/accused by order dated 18.11.2011, passed in Criminal Appeal No. 14 of 2001, stands recalled, with direction that the said appeal be fixed for hearing peremptorily on 9.12.2011 and present application is disposed of accordingly.

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(SHRIHARI P. DAVARE), JUDGE.

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dbm/crap5162.11

Kalias Maganlal Khichhi v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Kalias Maganlal Khichhi v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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