1 cr-apln-4158-10 jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI.APPLN. NO. 4158 OF 2010 Vinod Kumar Agarwal ..Applicant Vs. Ashok Chandeo Nagare and Anr. ..Respondents .... Mr. A.H.H.Ponda Adv. for applicant Ms. Nitee Punde Adv. for DRI Smt. M.H.Mhatre APP for State .... CORAM : SMT.V.K.TAHILRAMANI, J. DATE : OCTOBER 11, 2010 P.C.: 1 The applicant-original accused is facing trial in Case No. 41297 of 2006 which is pending before the learned J.M.F.C. Pune. The said case is under Sections 174, 175 and 176 of IPC. As the applicant did not appear before the trial Court from 17.3.2008, hence, on 18.2.2010, the learned J.M.F.C. (Court No.3) Pune directed that proclamation be issued against the accused. The applicant is seeking quashing of the said order. 2 The learned advocate for the applicant submitted that on 14.3.2008 a detention order under COFFEPOSA Act came to be issued against the applicant. As the detention order was pending execution, 2 cr-apln-4158-10 hence, the applicant did not attend the Court of the learned Magistrate. It is further stated that he preferred a representation against the said order of detention and on his representation the detention order came to be revoked on 18.11.2009. 3 The learned advocate stated on instructions that the applicant will appear before the trial Court on the next date. He further stated that the applicant will now attend the trial Court on all dates. He will also be represented by an advocate on all the dates. It is stated that one last chance be given to the applicant and this order issuing proclamation be set aside. 4 In view of the assurance given to this Court, the order dated 18.2.10 and the order of the Sessions Court confirming the said order is set aside. The applicant to appear before the trial Court on the next date. Thereafter, if an application for exemption is preferred by the applicant, the trial Court to consider the application on its own merits. 5 Application disposed of in above terms. [ SMT. V.K.TAHILRAMANI, J.]