Bombay High Court
Shailesh Mahadeorao Ramdham And ... vs The State Of Mah. Thr. Pso Ps ... on 24 June, 2022
Bench: V. G. Joshi
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL WRIT PETITION NO. 397 OF 2022
1. Shailesh Mahadeorao Ramdham, aged
about 42 years, Occupation
Agriculturist, R/o Ward No. 9, at Post
Karanja (Ghadge), Tal. Karanja
(Ghadge), Dist. Wardha.
2. Sau. Priyanka w/o Lalitkumar Wanjari ,
aged about 38 years, Occupation Private
Service, Presently, R/o Ambethan
Chowk, Near Mayur Hotel, Chakan, Tah.
Khed, Dist. Pune.
... PETITIONERS
VERSUS
1. State of Maharashtra,
through the Police Station
Officer, Police Station, Karanja
Ghadge, Dist. Wardha.
... RESPONDENT
_____________________________________________________________
Shri A. Anirudh, Advocate for the petitioners.
Shri H.D. Dubey, A.P.P. for the respondent/State.
______________________________________________________________
2
CORAM : VINAY JOSHI, J.
DATED. : 24.06.2022.
ORAL JUDGMENT :
RULE. Rule is made returnable forthwith.
2. Heard finally by consent of both the parties.
3. The petitioners are challenging the order dated 15.06.2022
by which the learned Trial Court has issued non-bailable warrant
against them.
4. The petitioners are accused nos.4 and 8 in the prosecution
i.e. Atrocity Special Case No. 12 of 2016. Since the accused were absent
on the date fixed by the Trial Court, as a consequence non-bailable
warrant was issued. On 15.06.2022 the petitioners have applied for
exemption, however, the Trial Court declined to grant exemption as two
witnesses were present. Likewise, by passing consequential impugned
order, non-bailable warrant has been issued.
5. Learned Counsel appearing for the petitioners would
submit that the petitioners were throughout present in the Court
barring few exemptions. My attention has been invited to the Roznama
to show that on most of the date, the petitioners remained present and
co-operated to the Trial Court. It is submitted that on 15.06.2022,
petitioner No.1 (accused No.4) was unable to attained due to ill health
whilst petitioner No.2 (accused No. 8) could not appear as she had
gone to Pune. It is submitted that now the matter is fixed by the Trial
Court on 27.06.2022 and on that date both petitioners would appear
before the Trial Court.
6. It reveals from the Roznama that most of the time, the
petitioners-accused were present in the Court. On 15.06.2022, they
have also applied for exemption, however it was declined. It reveals
from the record that non-bailable warrant was not issued for non-
appearance for prolonged period. It is evident that since on
15.06.2022, the witnesses were present, the Trial Court has refused to
exercise its discretion in granting exemption and had issuing non-
bailable warrant. Obviously, the purpose behind issuance the non-
bailable warrant is to secure the presence of the accused in the trial and
nothing else. Both the petitioners have assured that they would appear
before the Trial Court on 27.06.2022 and seek for cancellation of
warrant.
7. In view of that, petition could be disposed of by issuing
certain directions. The warrant of arrest issued by the Trial Court
against the petitioners shall be kept in abeyance till 27.06.2022, on
which date both petitioners shall appear before the Trial Court and
apply for cancellation of non-bailable warrant. The Trial Court shall
pass the appropriate orders in accordance with law and facts and
circumstances of the case.
8. The petition stands disposed of in aforestated terms.
(VINAY JOSHI, J.)
Trupti
TRUPTI SANTOSHJI AGRAWAL
24.06.2022 18:04
