ORAL ORDER

Rule. Learned APP waives service of notice of rule on behalf of respondent – State.

1. By way of the present petition the petitioner is seeking following reliefs :

(A) YOUR LORDSHIPS be pleased to pass an appropriate writ, order or direction to quash and set aside the Non- Bailable warrant issued against the petitioner in connection with the Sessions Case No. 14 of 2022 pending before the District & Sessions Court, Tapi in the interest of justice;

(B) YOUR LORDSHIPS be pleased to stay the execution, implementation and operation of Non-Bailable warrants issued against the petitioner in connection with the Sessions Case No. 14 of 2022 pending before the District & Sessions Court, Tapi, pending admission, hearing and final disposal of this petition;

(C) YOUR LORDSHIPS be pleased to grant such other and further orders, as may be deemed fit and proper by this Hon'ble Court in the interest of justice;”

2. Heard learned advocate for the respective parties.

3. It appears that complaint is registered with Ucchal Police Station, Tapi for the offence punishable under Sections 11(d), 11(3), 11(f), 11(h) of the Prevention of Cruelty to Animals Act along with Section 6(k)(1)(3), 8(4) of the Animal Protection Regulations along with Section 4 and 9 of the Gujarat Essential Commodities and Cattle Control Act, 2005 along with Section 125(e) of the Central Motor Vehicle 11th amendment Rules alleging that the petitioner and the co-accused have committed the offence as alleged in the FIR. It appears that investigation is carried out and complaint is culminated into Sessions Case No.14 of 2022.

4. Learned advocate for the petitioner has submitted that the petitioner was regularly attending the court proceedings and as and when he has remained absent, he filed exemption report through his advocate.

4.1. It is submitted that on 13.10.2023, his application for exemption came to be dismissed and non-bailable warrant came to be issued against the accused and the matter was kept for framing of the charge. Learned advocate has raised his grievance straightway as the accused remained absent, non-bailable warrant came to be issued. Even, without going into the merits, petitioner is ready and willing to appear on Monday i.e. on

15.01.2024 as the matter is listed before the Additional Sessions Judge, Tapi At Vyara and he is ready and willing to appear to join the Court proceedings.

5. Considering the aforesaid as Non-bailable warrant is issued straightway by learned Additional Sessions Judge, the present application deserves consideration and the non-bailable warrant is converted into bailable warrant. Petitioner shall have to appear before the concerned learned Sessions Judge on 15.01.2024 without fail.

6. At the even if the petitioner appear before the concerned learned Sessions Judge, learned Sessions Judge shall have liberty to impose appropriate / suitable conditions to secure the presence of accused during the trial considering he is from out of State.

7. Accordingly, the present petition stands disposed of. Rule is made absolute. Direct service is permitted today.

(HASMUKH D. SUTHAR,J)

KUMAR ALOK