Allowed

Nandlal Harinath Yadav v. the State of Maharashtra

Bombay HC20 Oct 2021IA/2540/2021

Case brief

AI extract

What is this about?

Interim application filed to recall a non-bailable warrant issued against the appellant, who claimed he missed the date due to misleading information from his advocate regarding the conclusion of the appeal. The court recalled the warrant and listed the matter for a final hearing.

What did the court decide?

The non-bailable warrant dated 17th February 2021 was recalled. The application is allowed.

Nandlal Harinath Yadav Vs the State of Maharashtra — Criminal Trial and Appeal | Bombay HC (2021)

¶1

Digitally signed CHITRA by CHITRA SANJAY SANJAY SONAWANE SONAWANE Date: 2021.10.21 10:53:17 +0530

¶2

10-IA-2540-21inApeal-697-1998.doc

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

¶4

INTERIM APPLICATION NO.2540 OF 2021

¶5

IN

¶6

 CRIMINAL APPEAL NO.697 OF 1998

¶7

Nandlal Harinath Yadav]Applicant/Appellant.
 Vs.
The State of Maharashtra ]
(at the instance of Panvel Town]
Police Station)]Respondent.

¶8

Ms Deepa Punde i/b Mr. Sachin S. Punde, Advocate for
applicant/appellant.

¶9

Mr.Arfan Sait, APP for State.

¶10

Mr. Y.R. Yele- Head Constable, Panvel City Police station, Navi Mumbai.

¶11

CORAM : SMT. SADHANA S. JADHAV &
PRITHVIRAJ K. CHAVAN, JJ.

¶12

DATE : OCTOBER 20, 2021.

¶13

P.C.:

¶14

1. Amendment in prayer clause (A) be carried out forthwith.

¶15

2. Pursuant to Order dated 17^th February 2021 thereby issuing nonbailable warrant against the appellant, present application is filed.

¶16

3. Learned Counsel for the appellant has filed an application seeking relief of recalling non-bailable warrant issued against the appellant. The

¶17

Chitra Sonawane 1 / 2

¶18

10-IA-2540-21inApeal-697-1998.doc

¶19

appellant is present before the Court. It is submitted that infact, the
appellant had contacted his Advocate Mr.Vishwakarma and at that time, he
was informed by the lawyer that the appeal is concluded. The appellant
happens to be a Truck driver by profession. It is submitted that it is in the
circumstances that he could not cause his appearance before the Court.
The appellant undertakes to remain present before this Court at the time of
final hearing of the appeal.

¶20

4.In view of this, we recall our order dated 17th February 2021 of
issuing non-bailable warrant against appellant. Hence, application is
allowed in terms of prayer clause (A).

¶21

5.The matter be listed for final hearing on 24th November 2021. The
appellant shall remain present before this Court.

¶22

6.The appellant shall cause his appearance before the Sessions Court at
Raigad, Alibaug on 30th October 2021 and 10th November 2021.

¶23

7. Registrar shall mark his presence in Sessions Case No.123 of 1996 (C.R.No.221 of 1995).

¶24

8. The application is disposed of.

¶25

[PRITHVIRAJ K. CHAVAN, J.] [SMT. SADHANA S. JADHAV, J.]

¶26

Chitra Sonawane 2 / 2

Nandlal Harinath Yadav v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Nandlal Harinath Yadav v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Mahesh Thakur Singh @ Bhutta Singh @ Brijbhushan Singh Vs the State of Maharashtra and Anr.

Raghunath Machhindra Mali Vs the State of Maharashtra

Raghunath Machhindra Mali Vs the State of Maharashtra

Shelkya Jhurkya Pawar. Vs the State of Maharashtra .

Ramesh @ Chhotu Ramchandra Prajapati Vs the State of Maharashtra

Shankar Sayaji Handore and Ors. Vs the State of Maharashtra