Citation : 2016 Latest Caselaw 5615 Bom
Judgement Date : 27 September, 2016
cwp753.16.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL WRIT PETITION NO. 753 OF 2016
Smt. Vidya w/o Ramraoji Bhute
aged about 60 yrs., Occp. Nil,
r/o Abhishek Colony, VMV Road,
Kathora Naka, Amravati,
Tq. & Distt. Amravati. :: PETITIONER
.. Versus
..
State of Maharashtra
through : Police Station Officer,
Police Station, Washim (City),
Tq. & Distt. Washim. :: RESPONDENT
...................................................................................................................................
Shri P. R. Agrawal, Advocate for the petitioner.
Shri C. A. Lokhande, A.P.P. for the State.
...................................................................................................................................
CORAM : S. B. SHUKRE, J.
DATED : 27 SEPT., 2016.
O R A L J U D G M E N T O R A L J U D G M E N T
1. Notice.
2. Shri Lokhande, learned A.P.P. waives service.
3. Heard learned Counsel for the petitioner and the learned
A.P.P. for the State.
4. Rule. Rule is made returnable forthwith. Heard finally by
consent.
5. Learned Counsel for the petitioner, on behalf of the
petitioner, has made a statement before this Court that the petitioner
would attend the trial Court on 10/10/2016 and has further assured
that the petitioner on and from 10/10/2016 shall regularly attend the
trial Court proceedings on all the dates fixed in the matter and would
not seek any adjournment, except in exceptional circumstance beyond
the control of the petitioner.
6. In view of the statement so made and assurance so given,
the writ petition deserves to be allowed.
The writ petition is allowed.
Order dated 19/9/2016 refusing to grant personal
exemption to the petitioner is quashed and set aside and her personal
exemption from appearance on that date is granted.
Order dated 19/9/2016 cancelling and forfeiting the bail
bond and issuing the non-bailable warrant against the petitioner is also
quashed and set aside and her present bail bond shall continue to run.
The petitioner is directed to attend the trial Court on
10/10/2016 and also on all further dates except the circumstance
mentioned earlier in which case the application for exemption from
personal appearance with an undertaking that the petitioner shall not
dispute her identity shall be made, and if such an application is made,
it shall be decided by the trial Court, in accordance with law.
Rule is made absolute in these terms.
JUDGE wwl
CERTIFICATE
"I certify that this Judgment uploaded is a true and correct
copy of original signed Judgment."
Uploaded by : W.W. Lichade, P.A.
Uploaded on : 28/9/2016
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