Citation : 2021 Latest Caselaw 2529 Bom
Judgement Date : 8 February, 2021
1 33.Cr.APPP No.1269 .19
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL APPLICATION (APPP) NO.1269/2019
IN
CRIMINAL APPLICATION (APL) NO.117/2018
Smt. Mina Sanjay Shaligram and ors. Vs. State of Maharashtra.
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
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Shri U.P.Dable, Advocate for Applicant Nos.1 to 5.
Shri A.C. Jaltare, Advocate for Applicant No.6.
Shri R.S. Khemuka, Advocate h/f Shri S.G.Joshi, Advocate for Applicant No.7.
Shri T. A. Mirza, A.P.P. for Non-applicant/State.
CORAM : Z. A. HAQ AND
AMIT B. BORKAR, JJ.
DATE : 08/02/2021.
1. Heard Shri U. P. Dable, learned Advocate for the original applicant Nos.1 to 5, Shri A. C. Jaltare, learned Advocate for the original applicant No.6, Shri R. S. Khemuka, learned Advocate for the original applicant No.7 and Shri T. A. Mirza, learned A.P.P. for the non-applicant- State.
2. Pursuant to the order dated 28.01.2021, the original applicant No.6-Nehit Suday Makde came to be arrested on 06.02.2021 and was produced before the Sessions Court which remanded him, and he is produced before this Court today. The non-bailable warrants were required to be issued against the applicant Nos.1 to 6 as prima facie, it is a case of non-compliance of the judgment passed by this Court in Criminal Application (APL)
No.117/2018 on 14.02.2018 by which the First Information Report registered against the applicant Nos.1 to 6 came to be quashed on solemn undertaking given by the applicant Nos.1 to 6 that they would return Rs.23,00,000/- (Rs. Twenty Three Lakhs only) to the original applicant No.7. In spite of service of notice of Criminal Application (APPP) No.1269/2019, the applicant Nos.1 to 6 were not responding. Prima facie, it is a case of civil contempt.
3. The applicant No.6-Nehit Suday Makde be released on depositing cash security of Rs.1,00,000/- (Rs. One Lakh only) before the Sessions Court, Nagpur.
4. The applicant No.1-Smt. Mina Sanjay Shaligram and the applicant No.4-Shraddha Pawan Rathi, identified by Shri Uday Dable, Advocate, present. They shall execute P. R. Bond before the learned Registrar (Judicial) of this Court in the sum of Rs.25,000/- (Rs. Twenty Five Thousand only) each for remaining present on every date on which this Criminal Application would be listed, unless granted exemption by this Court.
5. Issue non-bailable warrant against applicant No.2-Amit Sanjay Shaligram, applicant No.3-Akshay Sanjay Shaligram and applicant No.5-Pawan Madan Rathi to secure their presence before this Court on 22.02.2021 at 10.30 am.
6. List the matter for further consideration/hearing on 22.02.2021.
7. Parties to act on the copy of this order.
JUDGE JUDGE RGurnule
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