1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2888/2009. ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.MA Latif, Advocate for Petitioner; Mrs. BR Khekale, APP for State. ___ CORAM : K.U.CHANDIWAL, J. DATE : 2nd September,2009. 1. Heard learned Counsel for the petitioner/accused extensively. 2. In SCC No. 194/2006, the accused/petitioner remained absent. An application was moved by the complainant therein that the petitioner/accused has abstained in attending the proceedings deliberately and hence Non-bailable warrant (NBW) was sought, notice to the surety. The leaned Judge called the accused and recorded the accused has betrayed the terms of the Bond and consequently issued NBW by allowing Hamdast. This order dated 7.4.2008 is subject of criticism. 3. The Counsel would argue in terms of Section 73 of Cr.P.C., the warrant could not have been issued. The Counsel is wrong in quoting the section which is 2 not applicable to the facts of the present case. Section 73 Cr.P.C. deals with the matter concerning the convicts and not the persons who are abstaining from the due attendance whenever it was so required to have been complied. 4. It was open for the accused/petitioner to have moved an application for exemption, which exercise, he did not make. There is no obligation cast, but the Court to wait for the accused or to ask for exemption application. Slumber shown by the accused by itself will not be a ground for him to claim cancellation of NBW or cancellation of order passed by the learned Judge. The accused has to move the learned Judge for getting the NBW cancelled by satisfying the conditions. 5. There is no merit in the application, it is rejected. ( K.U.CHANDIWAL ) JUDGE bdv/cran2888.09