spb/- 1 wp806-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 806 OF 2011 Mr. Sachin Ramnik Sangoi ... Petitioner/ Org. Accused. V/s. State of Maharashtra & Anr. ... Respondent No.1. --- Mrs. Mallika Ingale for the Petitioner. Mr. D.P. Adsule, APP for the Respondent-State. ----- CORAM : P. V. HARDAS & M.N.GILANI,JJ. DATE : 24TH MARCH, 2011. P.C. 1 Rule. Rule is made returnable forthwith. With the consent of the learned counsel for the parties, this petition is heard finally at the stage of admission. 2 This petition impugns the order passed by the learned Appellate Court, issuing non-bailable warrant on account of absence of the petitioner, who was appellant before the learned Appellate Court in Criminal Appeal No. 120 of 2010 which was pending on the file of the Sessions Court, Dindoshi. 3 Learned counsel for the petitioner has placed reliance on the judgment of the learned single Judge in Criminal Writ Petition No. 1455 of 2008. It appears that the learned single Judge has directed the papers spb/- 2 wp806-11.sxw to be placed before the Hon’ble the Chief Justice for constitution of a larger bench. 4 In the present matter, we are concerned with the issuance of non- bailable warrant against the petitioner. According to us it would be appropriate if the petitioner appears before the appellate court and seeks cancellation of the warrant explaining the circumstances under which the petitioner was unable to attend the Appellate Court. It also appears that the counsel for the petitioner had declined to file an application for exemption of the personal appearance of the accused before the Appellate Court. In that light of the matter, therefore, we stay the execution of the warrant. The petitioner shall appear before the Appellate Court on the date which is fixed i.e. the 28th March, 2011 and apply for cancellation of the non-bailable warrant. The Appellate Court, after hearing the parties, shall decide the question of cancellation of the warrant in accordance with the law, uninfluenced by the fact that we have granted stay to the execution of the warrant. The stay to continue till the Appellate Court decides the application for cancellation of warrant. 5 Rule is thus made absolute in the above terms with no order as to costs. [M.N.GILANI,J.] [P.V. HARDAS, J.]