1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1788 OF 2009 R.Shivagurnathan .. Applicant. Vs. State of Maharashtra .. Respondents. Mr.Ashok Bhatia for the applicant. Mr.J.P.Yagnik A.P.P. for the State. Mr.Ashwin Modi for respondent no.2. Coram: D.B. BHOSALE, J. Dated : 23rd June, 2009 P.C. Heard learned counsel for the applicant and respondent no.2 and learned A.P.P. for the State. 2. In this application, the applicant has made the following prayers: “(a) This Hon’ble Court be pleased to directed that non bailable warrant issued by Special Court, at SEBI Court at Bombay in Special Case No.259 of 2006 against the applicant be cancelled on such terms and conditions as may deem fit and proper. (b) Enlarge the petitioner on bail in the event of arrest on the strength of non bailable warrant issued by Special Court, at SEBI Court at Bombay in Special Case No.259 of 2006, on terms as deem fit by this Hon’ble Court.” 2 3. Counsel for the applicant submits that the applicant is prepared to go before the SEBI court at Mumbai and apply for cancellation of non bailable warrant and till then he may be protected. Counsel for the SEBI has no objection for passing such order. Hence I pass the following order: The applicant shall not be arrested in Special Case No.259 of 2006 for a period of one week from today. It is open for the applicant to approach the SEBI court and file appropriate application seeking cancellation of non bailable warrant. If such an application is filed by the applicant same may be decided by the SEBI court on merits. At this stage the counsel for the applicant submits that the applicant is prepared to file an undertaking before the SEBI court stating that he shall remain present before that court on each date of hearing, unless the order of exemption is passed by the said court. His statement is accepted. The application is disposed of. (D. B. Bhosale, J.)