IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL WRIT PETITION NO.1451 OF 2008. WRIT PETITION NO.1451 OF 2008. WRIT PETITION NO.1451 OF 2008. Mr.Sayed Mohammed Masood. .. Petitioner. versus The State of Maharashtra. .. Respondent. WITH CRIMINAL CRIMINAL CRIMINAL WRIT PETITION NO.1452 OF 2008. WRIT PETITION NO.1452 OF 2008. WRIT PETITION NO.1452 OF 2008. Mr.Sayed Mohammed Masood. .. Petitioner. versus The State of Maharashtra. .. Respondent. WITH CRIMINAL CRIMINAL CRIMINAL WRIT PETITION NO.1453 OF 2008. WRIT PETITION NO.1453 OF 2008. WRIT PETITION NO.1453 OF 2008. Mr.Sayed Mohammed Masood. .. Petitioner. versus The State of Maharashtra. .. Respondent. WITH CRIMINAL CRIMINAL CRIMINAL WRIT PETITION NO.1454 OF 2008. WRIT PETITION NO.1454 OF 2008. WRIT PETITION NO.1454 OF 2008. Mr.Sayed Mohammed Masood. .. Petitioner. versus The State of Maharashtra. .. Respondent. .... Mr. Ashok M. Sarogi, for the Petitioner. Ms. A.T. Jhaveri, APP, for the Respondent. .... CORAM CORAM CORAM : A.S. OKA, J. : A.S. OKA, J. : A.S. OKA, J. DATE DATE DATE : 16TH JULY,2008. : 16TH JULY,2008. : 16TH JULY,2008. P.C. 1. Not on board. Taken on board. Heard the Advocate for the petitioner and the learned APP for the respondent. 2. The petitioner remained absent before the learned Magistrate and therefore, a non-bailable warrant was issued by the learned Magistrate against the petitioner. On the same day, i.e. 7th July 2008, the Advocate for the petitioner applied before the learned Magistrate for stay of execution of the warrant. It was stated that the petitioner had gone to United States for his daughter’s admission and he will return by the end of this month. The said application was rejected by the learned Judge by holding that there was no provision for staying the implementation and execution of the warrant. 3. The learned Advocate for the petitioner states that the petitioner will personally appear before the learned Magistrate on or before 25th July 2008 and will apply for cancellation of non-bailable warrant. The statement is accepted. 4. In view of this statement, these petitions need not be kept pending and the same are disposed of by passing the following order :- . (1) The non-bailable warrant issued against the petitioner shall not be executed till 28th July 2008, subject to condition that the petitioner will personally appear before the learned Magistrate on or before 25th July 2008 and will apply for cancellation of warrant. . (2) It is made clear that if the petitioner fails to appear before the learned Magistrate on or before 25th July 2008, the non-bailable warrants issued against the petitioner will become executable and it will be open for the police authorities to execute the said warrant. . (3) The applications, if any, made by the petitioner for cancellation of warrants shall be decided by the learned Trial Judge on its own merits. . (4) Parties and concerned Court to act upon an authenticated copy of this order. [ A.S.OKA, J.] A.S.OKA, J.] A.S.OKA, J.]