1 crap3589.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3589 OF 2011 IN CRIMINAL APPEAL NO. 111 OF 2001 _________________________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _________________________________________________________________________________ Smt. Bharati Gunjal, advocate for the applicant/appellant Shri D.R.Korde, A.P.P. for respondent ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 16th August, 2011. PER COURT :- 1 Heard respective learned counsel for the parties. 2 This is an application preferred by the applicant/appellant for cancellation of non-bailable warrant issued against the appellant, with a request to release the applicant/appellant on fresh bail. 3 It appears that the applicant/appellant 2 crap3589.11 remained absent, and therefore, non-bailable warrant came to be issued against him by order, dated 20.6.2011. It also appears that the said non- bailable warrant has been executed against him and he has been produced by the police personnel in the court along with the report. 4 Perused the report of execution of non-bailable warrant against the appellant. The applicant/appellant has no grievance against the police personnel. 5 The applicant contends that he was suffering from severe attack of asthma, and therefore, he could not attend the court on the earlier dates and his absence was not intentional. 6 Considering the contents of the application and also considering the position that the applicant/appellant was enlarged on bail earlier, present application deserves to be allowed in the interest of justice, but subject to payment of reasonable fine to be paid by the appellant in the court. 7 In the result, present application is allowed and the applicant/appellant be released on the same bail, but on execution of fresh bond before the trial court, subject to payment of fine of Rs.500/- by the applicant/appellant, and with direction that he shall remain present before this court on each and every 3 crap3589.11 date of Criminal Appeal No. 111 of 2001, and present application stands disposed of accordingly. 8 Humdast permitted. (SHRIHARI P. DAVARE), JUDGE. dbm/crap3589.11