-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4165 OF 2008 IN SESSIONS CASE NO. 762 OF 2004 Mr. Jamin Sharafat Khan .. Applicant. V/s. The State of Maharashtra .. Respondent. --- Mr. D.S.Munerkar for the Applicant. Mr. K.V. Saste, APP for the Respondent-State. ----- CORAM CORAM CORAM : V.R. KINGAONKAR, J. : V.R. KINGAONKAR, J. : V.R. KINGAONKAR, J. (Vacation Court) DATED DATED DATED : 24th DECEMBER,2008. : 24th DECEMBER,2008. : 24th DECEMBER,2008. P.C.: P.C.: P.C.: 1. Heard. 2. The applicant was absent on the date of hearing i.e. 11.11.2008 and therefore, the learned Sessions Judge directed that the presence of the applicant needs to be secured by issuing a non-bailable warrant. The P.R.bond executed by the applicant was fortified. 3. Heard the learned Advocate for the applicant and the learned APP. It, prima facie, appears that the Sessions Case No. 762/2004 was scheduled for final hearing -: 2 :- and witnesses were in attendance. The absence of the applicant caused impediment in final hearing and the witnesses had to be discharged. It could be possible that the applicant desired to protract the hearing. 4. There appears, however, no prior history of his habitual absentia. Considering further fact that the learned Sessions Judge did not adopt appropriate procedure as contemplated under section 446 of the Cr.P.C. for forfeiture of the bail bond, I am inclined to grant the application for cancellation of the non-bailable warrant on certain terms. 5. In the result, the application is allowed. 6. The applicant shall deposit the witness Bhatta alongwith the cost of Rs.200/- for each of the witnesses who were in attendance on the scheduled date and shall submit an undertaking that he will remain present on the next date of hearing and will not avoid to face the criminal case on effective dates of hearing any further and that if he will remain absent in future then the bail would be cancelled. 7. The undertaking shall be submitted by the applicant within one week before the Sessions Court and the amount -: 3 :- also shall be deposited within the given period. 8. If the above conditions are fulfilled, the non-bailable warrant be deemed as recalled and cancelled. Bail bonds, however, thereafter to be restored. (V.R. KINGAONKAR, J. ) .....