1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2596 OF 2010 WITH CRIMINAL APPLICATION NO. 2597 OF 2010 WITH CRIMINAL APPLICATION NO. 2598 OF 2010 srk Sanjeev Malhotra & Anr. ... Applicants Vs. State of Maharashtra & Anr. ... Respondents. Mr. Santosh Kyadiguppi i/b Mr. Kiran Kulkarni, Advocate for the Applicants. Mr. S.R. Shinde, APP for the State. Mr. Benny Josheph i/b M/s Sanjay Udeshi & Co. for Respondent No.2. CORAM: V.M. KANADE, J. DATE :- 21ST JUNE, 2010. P.C. : 1 Heard the learned counsel for the Applicants and the learned counsel for the Respondent No.2. 2 The Applicants are aggrieved by the order of issuance of non-bailable warrants passed by the learned Magistrate. Grievance made by the 2 Applicants is that they have filed an application for exemption from appearing in the court through their advocate. This application was rejected and on the very next date non-bailable warrants have been issued. 3 It is the settled position in law that unless it is absolutely necessary Magistrate is not expected to insist on the presence of the accused on each and every date. The learned counsel for the Applicants submit that Applicants apprehend that if the Applicants remain present on the next day, they will be taken in custody by the Magistrate and their application for cancellation of warrants would be rejected and therefore, they have approached this court directly. 4 Learned counsel appearing for the Respondent no.2 on the other hand submits that 16 cases have been filed against the present Applicants and that the Applicants have never remained present even on a single date in the trial court. He also submitted that no application has been filed for cancellation of warrant in the trial court. 5 In my view, taking into consideration all the facts and circumstances of the case, learned Magistrate ought to have given an opportunity to the 3 Applicants to appear before the court instead of rejecting their application for exemption and immediately issuing non-bailable warrants on the next date. Learned Magistrate may specify a date for appearance of the Applicants after four weeks on which date the learned Magistrate may record the plea of the accused. It is clarified that after four weeks, Applicants shall remain present before the learned Magistrate. 6 The application is allowed in terms of prayer clause (a) and (b). (V.M. KANADE, J.)