1 WP No.2229/2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2229 OF 2010 Krishnakant Laddha ...Petitioner vs. State of Maharashtra ...Respondent Mr.Subhash Jha i/b. M/s.Law Global for the Petitioner. Mrs.P.P. Bhosale, APP for the State. CORAM : V.M. KANADE, J. DATED : JULY 30, 2010 P.C. :- 1 Heard Counsel for the petitioner and APP for the State. 2 The petitioner is challenging the order passed by the Additional Sessions Judge, Thane, dated 19th June, 2010 who was pleased to issue a non- bailable warrant against the petitioner since he was absent on a date given by the appellate court when the appeal was fixed for final hearing. 2 WP No.2229/2010 3 The learned Counsel for the petitioner has relied on the order passed by this Court in the case of Kanji R. Barot vs. State of Maharashtra & Ors. in Criminal Writ Petition No.1455 of 2008. It is submitted that at the time of hearing of the appeal, it is not necessary for the appellant to remain present in the court. He submitted that there is no provision in the Cr.P.C. which mandates that the appellant should remain present at the time of hearing of the appeal. 4 In my view, the learned Sessions Court ought not to have issued non-bailable warrant against the petitioner herein, particularly, when the matter was already argued finally and judgment was to be pronounced. 5 Hence, the impugned order is set aside. The petition is allowed and is disposed of. (V.M. KANADE, J.)