In an interim order, the High Court cancelled a non-bailable warrant issued against the petitioner due to his absence from trial, directing him to apply for exemption and pay costs within a week.
Non-bailable warrant cancelled; petitioner to apply for exemption and pay costs on or before the next date.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
905.wp-1540.17.doc
sbw IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.1540 OF 2017
Rajkumar Chainrai Basantani … Petitioner vs.
The State of Maharashtra & Anr. … Respondents
Mr. Manish Bhora i/b. Khan & Associates for the Petitioner. Mr. V. S. Chate, APP, for the Respondent-State. Mr. H. s. Venegavkar for CBI.
CORAM : A.K. MENON, J. DATE : 13 th JUNE, 2017
P.C.
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905.wp-1540.17.doc
bar that Exhibit D is to take the matter on board. However, since the petitioner had not sought exemption nor did he filed an application for exemption, the warrant came to be issued. Thereafter on 14th March, 2017 itself an application was made seeking exemption. However, it was allowed subject to costs of Rs.5000/-. The matter is now listed on 30th June, 2017 before the Magistrate's Court and in the facts of case, it will be appropriate in the interest of justice that the petitioner be permitted to apply for exemption and in the meantime the warrant deserves to be cancelled. Although the order impugned is dated 14th March, 2017, it is seen that there are two orders passed on 14th March, 2017 one which pertains to issuance of non-bailable warrant and the second which pertains to the direction to pay costs. The learned counsel for the petitioner states that the petitioner will pay costs within a period of one week from today.
(i) Subject to payment of costs as aforesaid, the application for exemption will be made on or before the next date. In the meantime, non-bailable warrant issued by order dated 14th March, 2017 is hereby cancelled. (ii) Petition is disposed of in the above terms.
(iii) Parties to act on an authenticated copy of this order.
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1 issue framed by the court
Whether the non-bailable warrant issued against the petitioner should be cancelled in his absence.
Rajkumar Chainrai Basantani
The State of Maharashtra
A.K. MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
