Nurul Hasan Gul Hasan Khan vs The State Of Maharashtra And Anr
2022 Latest Caselaw 4062 Bom

                      rpa                             1/2                   4 apeal 512 2019.doc


                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CRIMINAL APPELLATE JURISDICTION


                                       CRIMINAL APPEAL NO.512 OF 2019


                      Nurul Hasan Gul Hasan Khan                          .. Appellant
                            Versus
                      State of Maharashtra and Anr.                       .. Respondents

                                                 ......
                      Mr.Raeesuddin Khan a/w. Mr.Sudip Mallick, Advocate for the
                      Appellant.

                      Mr.Arfan Sait, APP for the Respondent - State.

                      Nurul Hasan Gul Hasan Khan, Appellant, present in Court.
                                                    ......
                                                  CORAM :      PRAKASH D. NAIK, J.

                                                      DATED :      APRIL 18, 2022.

                      P.C. :

This Appeal is preferred challenging the judgment of

conviction. The Appeal is already admitted and the sentence was

suspended. On 20th January, 2022, none appeared for the appellant.

It was also recorded that spare copy was not supplied by the advocate

for the appellant for issuing notice to respondents. Thereafter, on 17 th

February, 2022, again the appellant was not represented by advocate

and the offce objections were not removed, and, hence, bailable

Digitally signed by warrant was issued against the appellant. Thereafter, the Appeal was RAJESHRI RAJESHRI PRAKASH PRAKASH AHER AHER Date:

listed on 14th March, 2022, and, again, none appeared for the 2022.04.20 14:14:30 +0530 appellant. Learned APP tendered report of concerned police station rpa 2/2 4 apeal 512 2019.doc

regarding service upon the respondents. In view of the report,

advocate was appointed to represent respondent no.2.

2 Learned advocate appearing for appellant submitted that

he (Mr.Raeesuddin Khan) has fled Vakalatnama after obtaining no

objection from the previous advocate on behalf of the appellant in the

Registry. The previous advocate Mr.Vinod Kashid is discharged from

appearance. It is also submitted that the appellant would fle

undertaking to this Court during the course of the day that he would

pursue the Appeal diligently. Appellant is present in the Court.

Learned advocate for the appellant is submitted that the bailable

warrant issued against the appellant by order dated 17 th February,

2022, may be recalled.

3 Considering the aforesaid circumstances and since the

appellant is present in Court, the bailable warrant issued by this Court

vide order dated 17th February, 2022, is recalled. The undertaking as

above be submitted during the course of the day. Appeal be listed for

hearing in due course.

(PRAKASH D. NAIK, J.)