1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1402 OF 2011 IN CRIMINAL APPEAL NO. 133 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: Shrihari P. Davare, J. Date : 07.04.2011. 1. Heard Shri K.C. Sant, learned Advocate for the applicant-appellant (original accused). 2. Issue notice to the Respondent. Shri S.G. Nandedkar, learned A.P.P. waives notice for Respondent-State. 3. This is an application preferred by applicant- appellant (original accused) for cancellation of the order dated 23.3.2011, issuing bailable warrant against him. 2 4. Learned Counsel for the applicant submits that above criminal appeal No.133 of 2011 was on board dated 21.3.2011, at serial No.226 and when the matter was called out on 23.3.2011, the Advocate for the applicant was busy in another court and hence, could not attend the matter on 23.3.2011, and therefore, bailable warrant came to be issued against the applicant-appellant on 23.3.2011 which was made returnable within three weeks and next date given in the said appeal, is 13.4.2011. 5. It is also submitted that the applicant had no knowledge that the matter was shown on the board of final hearing. He got the knowledge when he received letter from his Advocate, on 25.3.2011, that the matter was called out and bailable warrant was issued against him due to his absence and absence of his advcate. 3 6. Learned Counsel for the applicant submitted that there is no fault on the part of the applicant and that the applicant undertakes that he would remain present as and when required by this court. It is further submitted that the applicant has not misused the liberty of bail granted, since 2001, and therefore, it is prayed that the order of issuance of non bailable warrant may be cancelled. 7. Considering the contents of the application and the submissions advanced by learned counsel for the parties, it is necessary to recall the order of issuance of bailable warrant against the applicant- appellant (original accused), dated 23.3.2011, but with directions that he shall remain present before the court on the next date i.e. 13.4.2011, in the interest of justice. 4 8. In the result, present application is allowed and the order dated 23.3.2011 of issuance of bailable warrant against the applicant, stands recalled, with directions that the applicant- appellant shall remain present before this court on 13.4.2011. 9. Present application stands disposed of, accordingly. pnd/criap-1402.11 (SHRIHARI P. DAVARE, J.)