FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders CRIMINAL APPLICATION NO. 3096 OF 2011 ,In APEAL/130/2007 ,With APEAL/130/2007 ANIL KONDIBA RANDIVE AND ORS VERSUS THE STATE OF MAHARASHTRA ... Advocate for Petitioner(s) : Mr. Deshmukh Sachin S. APP for Respondent(s): Mr. P.P. More ... CORAM : SHRIHARI P. DAVARE, J. Dated: July 22, 2011 ... 1. Heard learned counsel for the parties. 2. This is an application preferred by the applicants(original appellants) for cancellation of non bailable warrants issued against them on 29.6.2011. 3. It appears that Criminal Appeal No.130/2007 was fixed for hearing on 29.6.2011, and since learned advocate for the appellants remained absent, before the court, on the same day, non bailable warrant came to be issued against the applicants and notices to their sureties by this Court. Learned FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders Advocate for the applicants submits that applicants No. 1 to 4 i.e. appellants are present today before the court and therefore, requested that non bailable warrant issued against them be cancelled., 4. Learned Advocate for the applicant also canvassed that there is possibility of settlement between the parties since the appeal No.124/2007 arising out of the cross complaint is also pending before this Court and submitted that present appeal be fixed for hearing alongwith said appeal and the parties will file the compromise terms therein if arrived at, till next date. 5. In the circumstances, non bailable warrant issued against the applicants deserves to be cancelled in the interest of justice and appeal is required to be fixed for hearing. 6. In the circumstances, present application is allowed in terms of prayer clause ‘B’ and non bailable warrant/s issued against the applicant nos. 1 to 4 i.e. FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders appellants stands cancelled and said warrants be recalled. APPEAL NO.124/2007 be fixed for hearing on 5 th AUGUST, 2011 and appeal no.124/2007 also be tagged alongwith appeal No.130/2007. 7. Learned APP to communicate said order to concerned police station accordingly. 8. Parties to act on the authenticated copy of this order duly signed by the Court Sheristedar. ( SHRIHARI P. DAVARE, J. ) aaa/3096 ****