IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE CRIMINAL APPLICATION NO. 1044 OF 2008 CRIMINAL APPLICATION NO. 1044 OF 2008 CRIMINAL APPLICATION NO. 1044 OF 2008 Avinash Magan S/o late Vijay Shastri Magan. ... Applicant. V/s. The State of Maharashtra & anr. ... Respondents. Subhash Jha i/b. Law Global for the applicant. S.R.Shinde, A.P.P. for the State. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. DATED: 10th April 2008. DATED: 10th April 2008. DATED: 10th April 2008. P.C.: P.C.: P.C.: ---- ---- ---- . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. On the last date of hearing i.e. on 8th April, 2008 when this matter was argued, Mr.Jha, learned counsel appearing for the applicant submitted that the applicant is very bulky person and cannot fit in any of the chairs provided in the Air Craft as such it is not possible for him to fly and appear before the Court at Delhi. Mr.Jha was directed to keep the applicant present in Court, on the next date of hearing. Mr.Jha had assured this Court and agreed to keep the applicant present in the Court. That is how the matter was adjourned and now it is appearing on today’s board. 3. Today, Mr.Jha submits that the applicant is not present. On being asked about his whereabouts, he states that the applicant is not keeping well. No medical certificate or any other evidence in this behalf is produced. 4. The applicant, in my view, is avoiding to appear before this Court. The reason given for absence does not inspire judicial confidence. 5. For non-appearance as well as for non-compliance of the commitment to this Court, this application is liable to be rejected. 6. At this stage, learned counsel for the applicant seeks permission to withdraw this application. Application is dismissed as withdrawn. JUDGE JUDGE JUDGE