1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1483 OF 2009 Gaurang Vinod Doshi .. Applicant. Vs. State of Maharashtra & Anr. .. Respondents. WITH CRIMINAL APPLICATION NO.3960 OF 2008 Madhuri G.Doshi .. Applicant. Vs. Gaurang Doshi and Anr. .. Respondents. Mr.Rishi Bhuta for the applicant in Cri.A. No.1483/09 and for respondent no.1 in Cri.A. No.3960/09. Mrs.P.P.Shinde A.P.P. for the State. Mr.Kapil Dave for the complainant in Cri.A.No.1483/09 and for the applicant in Cri.A.No.3960/09. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 15TH APRIL, 2009. DATED : 15TH APRIL, 2009. DATED : 15TH APRIL, 2009. P.C.: . Heard learned counsel for the parties and learned A.P.P. for the State. 2. Counsel for the parties have fairly stated that I need not record long reasons for disposing of these applications and they have agreed for their disposal by the following order: . The Additional Chief Metropolitan Magistrate, 40th Court, at Girgaum shall dispose of C.C. 2 2 2 No.36/PW/2006 under sections 498-A, 324, 406 read with 34 of IPC as expeditiously as possible and preferably within a period of four months from the date of receipt of this order. The parties to produce a copy of this order before the learned Magistrate within one week from today. The applicant - Gaurang Vinod Doshi, who is present in this court, through his advocate on record undertakes that he shall remain present on every date of hearing before the learned Magistrate and shall not seek any adjournments on frivolous grounds. His undertaking is accepted. The learned Magistrate shall deal with the case, as far as possible, on day-to-day basis. The parties shall keep their witnesses present for examination on the date/s fixed by the trial Court. The applicant - Gaurang Doshi shall not indulge in tampering with the evidence in any manner whatsoever. . The applicant - Gaurang Vinod Doshi to make formal application before the concerned Magistrate within a week from today, seeking cancellation of the non bailable warrant, and the learned Magistrate shall pass appropriate orders after taking an undertaking of the applicant - Gaurang Doshi on record in the aforesaid terms. Till the applicant - Gaurang Doshi makes an application for cancellation of non bailable warrant within the stime stipulated and till the said 3 3 3 application is decided the applicant shall not be arrested in the aforesaid case pending before the Additional Chief Metropolitan Magistrate, 40th Court, Girgaum. . Both the applicants, the husband and the wife, are present in the court. Mr.Bhuta, learned counsel for the applicant-husband, on instructions, submits that the applicant-husband will pay the arrears of maintenance on or before 17.4.2009. His statement is accepted. . It is made clear that in view of the aforesaid order the application filed by the wife - Madhuri Gaurang Doshi bearing No.3960 of 2008 has not been considered on merits and it would be open for the applicant-wife to apply for cancellation of bail if the applicant-husband indulges in tampering with the evidence or on any other ground that may be available to her. All contentions of the parties insofar as the application for cancellation of bail are concerned, are kept open. With these observations both the applications are disposed of. Certified copy expedited. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)