MP 1 APL545_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 545 OF 2011 Anwar @ Umer Ali Shaikh ... Applicant Versus The State of Maharashtra ... Respondents Mr. M. I. Y. Solkar, Advocate for the Applicant. Mr. S. S. Pednekar, APP for the State. CORAM : B. R. GAVAI, J. WEDNESDAY, JULY 06, 2011 P. C. : Rule. Rule made returnable forthwith. Heard by consent. 2. The applicant approaches this Court being aggrieved by the order dated 16th June 2011 to the extent that it imposes costs of Rs. 5,000/- for cancellation of non-bailable warrant. It is the specific case of the applicant that though the applicant was attending regularly on all the dates, he remained absent only on one date since his mother had expired. I find that the ground on which the applicant could not remain present on the relevant date was on account of genuine difficulty. In any case, the applicant was represented through his Counsel who was very much present. In that view of the matter, the order insofar as it imposes penalty of Rs. 5,000/- is quashed and set aside. 3. Rule is made absolute in the aforesaid terms. (B. R. GAVAI, J)