1 IN THE HIGH COURT OF JUDICUATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 616 OF 2010 IN CRIMINAL APPEAL NO. 1122 OF 2004 Ganpat Waman Toradmal. .. ... Applicant. Versus The State of Maharashtra. .. ... Respondent. Mr. D. G. Khamkar for the Applicant. Mr. J. P. Yagnik, APP for the Respondent-State. CORAM : B. H. MARLAPALLE & A. A. SAYED, JJ. DATED : 26TH APRIL, 2010 P. C.: We have heard the learned APP as well as the learned Counsel appearing for the applicant – Accused No.2. Non-bailable warrant has been executed by the concerned police station and the applicant is presented before us. 2. Mr. Khamkar, learned Counsel for the applicant states that the accused No.1 is dead and his family members are present in the Court. He states that the death certificate of accused No.1 – Sampat Waman Toradmal will be produced on the next date and that the accused No.2 will remain present before us when the appeal is taken up for hearing on the said date. He, therefore, prays for cancellation of the non-bailable warrant. 3. We have noted down the undertaking and also the fact that accused 2 No.2 has his permanent residence in Mankhurd, Mumbai. He has been issued an Identity Card by the Election Commissioner of India (AFZ2245504). We accept the undertaking, subject to the applicant furnishing his present address to the concerned police station. The non- bailable warrant issued earlier is hereby withdrawn and the application is allowed, accordingly. Sd/- (B. H. MARLAPALLE, J.) Sd/- (A. A. SAYED, J.)