1 apl58-11 jpc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APL NO. 58 OF 2011 Dattatraya Chandrakant Hadpadkar .. Applicant Versus The State of Maharashtra and others .. Respondents Mr. Rajendra Rathod for the applicant Mr. S. A. Shaikh, APP for the Respondent-State CORAM : N. D. DESHPANDE, J. DATE : 7th February, 2011 P.C.: 1. Heard Mr. Rathod, learned counsel for the applicant and Mr. Shaikh, APP for the State. 2. This application is filed to challenge the order of issuance of non bailable warrant against the applicant who is facing trial before the Court of Special Metropolitan Magistrate, Andheri in CC No. 1408/ PS/2005. The said case as told is part head and on the date fixed for recording evidence, the accused was absent. His counsel made application for granting exemption which was rejected. Consequently the non bailable warrant was issued on 15 th January, 2011. Now the case is adjourned to 14 th March, 2011. 3. Despite the knowledge of warrant, the applicant did not surrender to the 2 apl58-11 Court and now come to this court for cancellation of the warrant. The case is part heard and the applicant remained absent and therefore the warrant was issued. Sureties were not informed as to why his bail bond should not be cancelled. To that extent, the order seems to be not proper. Liberty is given to the applicant to surrender to the Court which has issued the warrant within three days from today and may request for reconsidering his bail bond and on such application the trial court is directed to accept his old surety bond. 4. The applicant shall execute a fresh bond and cooperate the trial 5. Intimation be given to the concerned police station that the applicant will be surrendering the trial Court and there is no need to execute the warrant. 6. The application is disposed of in the above terms. 7. Parties shall act on an authenticated copy of this order. (N. D. DESHPANDE, J.)