1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2579 OF 2009 Mohit Deepak Kamboj ..Petitioner versus The State of Maharashtra ..Respondents Mr. A. R. Pande for Petitioner. Mrs. P. P. Bhosale – APP for State. CORAM : S. A. BOBDE, J. DATED : 23RD SEPTEMBER, 2009. P.C. : 1. Rule, returnable forthwith. Heard finally by consent. 2. It seems that the petitioner was not present on 28th August 2009 and 11th September 2009 when the court ordered issuance of non bailable warrant against him. 3. Mr. Pande, the learned counsel for the petitioner submits that the petitioner had gone to meet his mother who is suffering from Asthama and therefore could not attend the court on the due dates. The petitioner is being prosecuted in respect of shutter of a shop which he has already surrendered. 2 There does not appears to be any deliberate attempt on the part of the petitioner in not attending the court. 4. Having regard to the circumstances of the case the impugned order dated 28th August 2009 and 11th September 2009 passed by the learned Metropolitan Magistrate, 41st Court, Shindewadi, Dadar, Mumbai, issuing non bailable warrant for appearance of the petitioner before the trial court is hereby stayed on condition that the petitioner appears before the trial court within 24 hours. If the petitioner appears as above, the non bailable warrant shall stand set aside. Order accordingly. 5. Rule is discharged. (S. A. BOBDE, J.)