1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 848 OF 2010 Manoj B. Punamiya. ..Applicant. Vs. The State of Maharashtra and ors. ..Respondent. WITH CRIMINAL APPLICATION NO. 847 OF 2010 Mr. Lalit Kantilal Jain. ..Applicant. Vs. The State of Maharashtra and anr. ..Respondents WITH CRIMINAL APPLICATION NO.849 OF 2010 Mr. Arvind K. Vyas. ..Applicant. Vs. The State of Maharashtra and anr. ..Respondents Mr. A.P.Mundergi, Sr. Advocate along with Mr. S.V.Marwadi i/by Mr. P.R.Mundergi for the applicant. Mr.A.S.Gadkari, APP. For the State. Mr.S.R.Shinde, APP. i/by Smt. Revati Mohite Dere for the Respondent No.2. CORAM : R.S. MOHITE, J. DATE : 19th April, 2010 2 PC : 1 Heard both sides. These are applications for grant of anticipatory bail . The case of the applicants is that the witness summons were issued by the respondent No.2 which is an investigating authority directing the applicants to remain present as witnesses and these witness summons were issued U/s. 161 of the Criminal Procedure Code. It is contended that in the said summons, it is mentioned that in case the applicant fails to remain present on 18.12.2009 at 11.00a.m. then action under Section 180 of the I.P.C. will be taken. On perusal of the witness summons and after perusing the reasons given in the witness summons, in my view, the offence may be under Section 174 of the I.P.C. which is bailable offence. It is however, possible that if any such case is filed, the Magistrate may issue non bailable warrant in due course, if applicants do not remain present before the court. The counsel states that non bailable warrants have been issued. However, they 3 are not aware as to who has issued the said warrants. The learned APP states that the warrants were issued by the Enforcement Department, State of Jarkhand. The Advocate appearing for the Enforcement Department states that he has no instructions. Taking into consideration the aforesaid facts, it is directed that non bailable warrants, if issued, may not be executed for a period of three weeks from today to enable the applicants to take recourse according to law. The applications are disposed off. 2 It is made clear that period of three weeks will not extended and after the said period if any relief is required that may be taken from the court in the State of Jarkhand after making proper application. 3 Parties to act on a copy of this order duly authenticated by the registry of this court. ( R.S. MOHITE, J.)