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BOMBAY HIGH COURT - BENCH AT NAGPUR
Vinay Joshi, J
Harshal S/o Bhagwanrao Umale – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. issuance of nbw based on a single absence. (Para 3) |
| 2. argument against nbw for a single court absence. (Para 4 , 5) |
| 3. court's observation on merits and fairness in issuing nbw. (Para 6) |
| 4. concluding order for cancellation and future appearance. (Para 7 , 8) |
RULE. Rule is made returnable forthwith.
2. Heard finally by consent of respective parties.
3. The applicant is arraigned as an accused in Sessions Case No. 599/2021 for the offence punishable under Section s 109 , 302 read with Section 34 of the Indian Penal Code (‘IPC’) and Section 135 of the Maharashtra Police Act . The accused was released on bail during trial. On 22.07.2022, the petitioner (accused No.2) was absent, that is why the Trial Court has issued Non-Bailable Warrant (‘NBW’) and posted the matter on 06.08.2022. On 25.07.2022, an application has been moved to the Trial Court seeking cancellation of NBW (Exh.22), which was rejected, that is why the petition.
4. The learned counsel appearing for the petitioner would submit that only on a single default i.e. on 22.07.2022, the Trial Court has issued NBW. It is submitted that on all earlier dates, the petitioner was present in the Court. H
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