1 apl.179.11.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION. Criminal Application No. 179 of 2011 Arshad Ahmed Hussein ...Applicant v/s. State of Maharashtra ...Respondent Mr. S.M. Masarguppi for the applicant. Mr. D.R. More-APP for the State. CORAM: B.R. GAVAI, J. 26th July, 2011 PC: Rule. Rule made returnable forthwith. Heard finally by consent of the parties. 2. The petitioner has challenged the order dated 8th December, 2010 in Sessions Case No. 75/2010 thereby issuing non-bailable warrant against the petitioner. 3. The petitioner is facing prosecution for circulating counterfeit currency. The applicant has been released on bail, however, since the applicant failed to appear in the Court on two dates, the impugned order came to be passed. 4. The learned Counsel for the applicant submits that applicant could not remain present before the trial Court since it was difficult to get tickets from Mujafarpur where the petitioner is residing. 5. The learned APP vehemently opposes the petition. However, taking into 2 apl.179.11.sxw consideration the ground raised in the application and further the fact that applicant has filed an undertaking that he will regularly attend the trial before the trial Court, I am inclined to allow the application. The said undertaking in taken on record and marked X for identification. 6. The applicant is also personally present in the Court and undertakes to regularly attend the trial Court. 7. It is made clear that if on any other date, the applicant does not remain present before the Court, the learned trial Court will be entitled to issue non- bailable warranted against the petitioner. 8. Rule is, therefore, made absolute in terms of prayer clause (a). (B.R. GAVAI, J)