Bombay High Court
PRAVIN DADARAO SHEKOKARversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The court quashed the magistrate’s order and allowed the application for cancellation of the non‑bailable warrant on the basis of the petitioner’s undertaking to appear.
Summary
Petitioner Pravin Dadarao Shekokar sought cancellation of a non‑bailable warrant issued after he failed to appear before the Judicial Magistrate on 1 July 2026. He claimed a medical emergency, produced a medical certificate, and gave an undertaking to appear at all future hearings. The Judicial Magistrate rejected his application, prompting a writ petition challenging that order. The High Court held that the petitioner’s undertaking to appear, coupled with the medical evidence, warranted setting aside the magistrate’s order. Consequently, the order dated 6 July 2026 was quashed, the application was allowed, and the writ petition was disposed.
Issues considered
- Whether a non‑bailable warrant can be cancelled when the accused provides a medical certificate and an undertaking to appear before the trial court.
Subjects
- non-bailable warrant
- cancellation
- medical emergency
- undertaking to appear
- Criminal Procedure Code
- High Court
- writ petition
Judgment
920 WP-3836-2026.DOC
skt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 3836 OF 2026
Pravin Dadarao Shekokar …Petitioner
Vs.
1. State of Maharashtra …Respondents
2. Suvarna Kisan Fadve
Mr. Dashish Patel a/w. Mr. Suraj Pradhan i/b H.F. Pawar, for the
Petitioner.
Mr. S.V. Walve, APP for the Respondent No. 1-State.
Mr. Vinay Kanodia i/b Paramvir G. Narula, for Respondent No. 2.
CORAM: MADHAV J. JAMDAR, J.
DATE : 20th AUGUST, 2026
P. C.:
1. Heard Mr. Patel, learned counsel appearing for the Petitioner,
Mr. Kanodia, learned counsel appearing for Respondent No.2 and
Mr. Walve, learned APP appearing for the State.
2. By this Writ Petition, the challenge is to the order dated 6th
July, 2026 passed by the learned Judicial Magistrate, First Class,
Panvel in SCC No. 7522 of 2026. By the Impugned Order, the
application filed by the Petitioner for cancellation of the non-
bailable warrant issued pursuant to the order dated 1st July, 2026
came to be rejected. The learned JMFC observed that on 14th May,
2026, the accused had undertaken to remain present before the
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920 WP-3836-2026.DOC
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Trial Court and, accordingly, the matter was kept on 1st July, 2026.
However, on 1st July, 2026, the accused remained absent and,
therefore, a non-bailable warrant came to be issued against him.
3. Learned counsel appearing for the Petitioner submits that
the Petitioner was absent on the ground of medical emergency,
and a medical certificate in support thereof has been produced
before the learned Trial Court. Apart from the said medical ground,
learned counsel tenders an undertaking on behalf of the Petitioner,
Pravin Dadarao Shekokar undertaking that he shall remain present
before the learned Trial Court on each and every date of hearing.
The said undertaking is accepted.
4. In view of the undertaking given by the Petitioner to remain
present before the learned Trial Court on each and every date of
hearing, the impugned order dated 6th July, 2026 passed below
Exhibit 22 in SCC No. 7522 of 2026 by the learned Judicial
Magistrate, First Class, Panvel, is quashed and set aside.
Consequently, the Application at Exhibit 22 in SCC No. 7522 of
2026 is allowed.
5. The Writ Petition is disposed of in the above terms.
[MADHAV J. JAMDAR, J.]
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20th August, 2026
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