Bombay High Court

ANAND PRAVINCHANDRA SHAHversusTHE STATE OF MAHARASHTRA

Decided: 8 May 2026
Disposal: Allowed
Bench: M M SATHAYE

Holding

The bailable warrant dated 24.03.2026 is cancelled.

Summary

The applicant, Anand Pravinchandra Shah, sought cancellation of a bailable warrant issued on 24.03.2026 after he failed to appear in a criminal revision proceeding. The court noted that the applicant was present in the courtroom and had a documented heart ailment that required hospitalization in November 2025, and that his counsel failed to inform him of the hearing date due to a shift of chambers. The applicant provided an undertaking to appear at all future dates, and his counsel filed an affidavit explaining the inadvertent lapse. Considering these circumstances, the court found sufficient grounds to set aside the warrant. Consequently, the bailable warrant dated 24.03.2026 was cancelled, and the applicant's undertaking was accepted.

Issues considered

Whether a bailable warrant issued for non‑appearance can be cancelled on account of the applicant's medical condition and counsel's failure to notify the date

Subjects

bail
bailable warrant
criminal revision
procedural default
medical emergency
court undertaking

Judgment

                                                                          904-IA-1578-2026 (CR).doc



                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CRIMINAL APPELLATE JURISDICTION

                                  INTERIM APPLICATION NO. 1578 OF 2026
                                                   IN
                              CRIMINAL REVISION APPLICATION NO. 242 OF 2015

                   Anand Pravinchandra Shah                                    ...Applicant
SNEHA                         Versus
NITIN              The State of Maharashtra                                    ...Respondent
CHAVAN
Digitally signed
by SNEHA NITIN
CHAVAN
                                                    ***
Date: 2026.05.08
17:12:51 +0530
                   Mr. Saurabh Nagarsheth a/w Ms. Swati Kapadia i/b Amit Kate for the
                   Applicant.
                   Anand Pravinchandra Shah - Applicant present.
                   Ms. Manisha Tidke, APP for Respondent/State
                                                   ****

                                                  CORAM :       M. M. SATHAYE, J.
                                                    DATE :      8th MAY, 2026

                   P.C. :


                   1.             Heard learned Counsel for the Applicant and learned APP for
                   Respondent-State.

                   2.             This is an application filed by the Applicant praying that
                   bailable warrant issued against the Applicant on 24.03.2026 be
                   cancelled. On 24.03.2026, since nobody appeared for the Applicant in
                   above Criminal Revision Application, bailable warrant was issued.

                   3.             The Applicant is stated to be present in the Court, who is duly
                   identified by Advocate for the Applicant.

                   4.             It is stated in the application that the matter was listed after a
                   lapse of many years and that he had suffered from heart ailment and
                   was admitted in the hospital in November 2025 and he was never
                   informed by the concerned Advocate about the said date.



                   Sneha Chavan                                                                  1
                                                     904-IA-1578-2026 (CR).doc



5.             The Applicant in paragraph 6 has undertaken that he will
remain present on each and every date of the Criminal Revision
Application.

6.             Learned Counsel for the Applicant has invited this Court’s
attention to affidavit filed by the Advocate for the Applicant on
05.05.2026 stating that the due to shifting of his chamber/office, he
could not contact the Applicant and inform about the date. It is
submitted that due to inadvertence and personal difficulty of advocate,
the bailable warrant got issued against the Applicant.

7.             Considering the averments in the application, especially the
undertaking given to the Court and affidavit of advocate, case is made
out for cancellation of the bailable warrant.
8.             The application is accordingly allowed. Bailable warrant dated
24.03.2026 is cancelled. The statement of the Applicant (in paragraph 6
of application) is accepted as undertaking to this Court.




                                             (M. M. SATHAYE, J.)




Sneha Chavan                                                                2

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