Court recalled a Non Bailable Warrant against a 74-year-old applicant who was absent due to lack of communication with counsel, staying its execution pending admission of further applications.
Execution of Non Bailable Warrant issued by order dated 15th March, 2018 stands stayed; applicant to appear on next date.
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rpa 1/3 appr-388-18.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.388 OF 2018 IN CRI. REVISION APPLICAITON NO.26 OF 2016
Harbhajan Darshanlal Singh .. Applicant Vs. The State of Maharashtra & Anr. .. Respondents
Mr.Vikas S. Babar, Advocate for the Applicant. Mr.Y.M. Nakhwa, APP for the Respondent – State.
CORAM : PRAKASH D. NAIK, J.
DATED : AUGUST 2, 2018.
P.C. :
Not on Board. Production of Application is allowed at
3:00 p.m.
2 This is an application to recall order dated 15th March, 2018, passed by this Court, issuing Non Bailable Warrant, against the applicant. The application is preferred in Criminal Revision Application No.26 of 2016, challenging judgment and order of conviction passed by the Metropolitan Magistrate, 63rd Court, Andheri, Mumbai, which was confirmed by the Sessions Court by dismissing Appeal on 9th October, 2015. This Court by order
Digitally signed by Rajeshri Rajeshri Prakash Aher Prakash Date: 2018.08.03 Aher 17:31:37 +0530
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dated 15th March, 2018, observed that inspite of conviction, the applicants are neither present in the Court, nor surrendered their Bail Bonds and the opportunity given to them for remaining present before this Court was not honoured. Advocate appearing for the applicant submitted that he has no further instructions in the matter. In the circumstances, the Court issued Non Bailable Warrant against the applicants. In pursuant to that the said Non Bailable Warrant was executed against the applicant (Revision Applicant No.3). She was produced before this Court on 26th July, 2018 and considering the fact that she is senior citizen and is a woman, she was granted bail.
3 It is submitted that the applicant is 74 years old and there is no communication between the applicant and the advocate representing him. In the circumstances, he did not remain present before the Court. In the circumstances, it is prayed that the Non Bailable Warrant issued against the applicant may be cancelled.
4 It is noted that the judgment and order of conviction which was passed by the trial Court and confirmed by the Sessions Court is not yet suspended. In view of this, Criminal
rpa 3/3 appr-388-18.doc
Revision Application No.26 of 2018, along with Criminal application No.19 of 2016 in Criminal Revision Application No.25 of 2016, be placed for admission on 20th August, 2018. The applicant shall remain present before this Court on the next date of hearing. Till then, the execution of warrant issued by this Court by order dated 15th March, 2018, stands stayed.
( PRAKASH D. NAIK, J.)
1 issue framed by the court
Whether a Non Bailable Warrant issued against an absent applicant due to lack of instructions should be recalled.
Harbhajan Darshanlal Singh
The State of Maharashtra
Prakash D. Naik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
