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908-CrWP-1207-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL WRIT PETITION NO. 1207 OF 2021

RAJENDRA GANGADHAR THOMBRE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA

...

Advocate for Petitioners : Mr. Arun S. Shejwal

APP for Respondent - State : Mr. R. B. Bagul

...

CORAM :

N. R. BORKAR, J.

DATE : 27-10-2021

PER COURT :-

By this Writ Petition exception is taken to the order dated

28-09-2021 passed by Additional Sessions Judge, Aurangabad in

Sessions Case No. 70 of 2010.

2.

The petitioners are the original accused in aforesaid

sessions case and they are facing trial for the offences punishable

under Sections 395, 353, 332, 186, 506 of the Indian Penal Code.

The petitioners were absent on 28-09-2021 and thus trial court

was constrained to issue non-bailable warrant against them. On

the very same day, the application was moved for cancellation of

non-bailable warrant on the ground that the petitioners are

resident of village Phulambri, District Aurangabad and reason for

their non-appearance is heavy rain fall (Gulab cyclone). The

learned trial court rejected the said application by the order

impugned.

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908-CrWP-1207-21.odt

3.

I have heard learned counsel for the petitioners and

learned APP for the respondent-State. The learned counsel for the

petitioners submits that petitioners are regularly attending the

dates before the trial court. It is submitted that on 28-09-2021

they could not appear due to heavy rain fall. On the other hand,

learned APP submits that matter was for cross-examination of

witness and thus the trial court was justified in issuing non-

bailable warrant and not cancelling it.

4.

It does not appear from the order dated 28-09-2021

that the petitioners were absent on earlier dates also. Specific

reason was mentioned in application which was moved for

cancellation of warrant. However, by mechanical order the said

application is rejected.

5.

Considering the aforesaid facts and circumstances, the

order of issuance of non-bailable warrant against the petitioners

and the order rejecting the application for cancellation of said

warrant are set-aside.

6.

In case surety is forfeited, the petitioners shall furnish

fresh PR bond in the sum of Rs.25,000/- (Rs. Twenty Five

Thousand Only) each with one surety in the like amount.

7.

The writ petition is disposed of above terms.

( N. R. BORKAR )

JUDGE

rrd