1 hvn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL APPLICATION NO. 959 OF 2011 Mr. Yogeshwar Meherchand Mahajan and anr. ... Applicants Versus Mr. Manoj Madhukar Nayak and anr. ... Respondents Mr. Manoj M. Gadkari, Advocate for the applicants. Mr. S.A. Shaikh, A.P.P. for State. CORAM : K.U. CHANDIWAL,J. DATED : SEPTEMBER 15, 2011 P.C. Heard the learned counsel for the accused applicant. Issuance of non bailable warrant by the learned J.M.F.C. Pune is questioned. The record illustrate the presence of the accused no. 1 was solicited and the matter was dragged. Consequently the permanent exemption as was moved by the applicants was granted. However, it was expected that the advocate of the applicant to make an application for exemption on particular date. When the matter was called at around 5.30 p.m. it seems the learned Judge found that there was no exemption 2 moved on behalf of the present applicant by the learned counsel representing him. The complainant pressed for issuance of N.B.W. and consequently N.B.W. was directed. The subsequent application below Exh. 54 was moved. The copy of which is placed seeking stay to the execution of NBW against the applicant as writ petition is to be moved before this court. The learned Judge by order dated 22.8.2011 rejected the same on the ground that there is no such provision. The learned Judge could have stayed the NBW as it was not executed and the facts demonstrate that due to trival mistake of the advocate in not filing the application for exemption, it has caused the turmoil. There was no effective hearing of the matter. The presence of the accused applicant was only as a part of procedure. The learned Judge should have desisted from this dogmatic approach and should have allowed the application seeking stay to the warrant. The record also does not indicate that these applicants were instrumental in protracting the matter or causing annoyance of the proceedings to accelerate. In the situation, he warrant issued and not yet executed against the applicant is stayed for the period of 30 days. The applicant to approach the learned 3 Judge seeking cancellation of the NBW and the learned Judge to pass appropriate orders thereon. The present application disposed of accordingly. The applicants are also at liberty to apply for permanent exemption application which the learned Judge shall consider on its own merits. (K.U. CHANDIWAL,J.)