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Bombay High Court

VIKRANT @ VICKY VINAYAK BHOSLEversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The Court held that the non‑bailable warrant must be stayed and the petitioner granted liberty to appear before the Sessions Judge and file a cancellation application, subject to compliance with the stipulated deadline.

Summary

The petitioner, Vikrant @ Vicky Vinayak Bhosle, filed a writ petition challenging a non‑bailable warrant issued on 18 August 2024 by the Sessions Court. He asserted his readiness to appear before the Sessions Judge and sought cancellation of the warrant. The High Court, after hearing counsel, noted that the case (Sessions No. 323/2019) was scheduled for 11 February 2026 and granted the petitioner liberty to appear before that date and file an application for cancellation. Accordingly, the Court stayed the execution of the non‑bailable warrant until 11 February 2026, subject to the petitioner’s compliance. It further directed that if the petitioner fails to appear by the stipulated date, the stay would automatically lapse. The petition was consequently disposed.

Issues considered

  • Whether the non‑bailable warrant issued against the petitioner should be stayed pending his appearance before the Sessions Judge
  • Whether the petitioner is entitled to liberty to appear and file an application for cancellation of the warrant

Subjects

  • non‑bailable warrant
  • stay of execution
  • criminal procedure
  • writ petition
  • high court

Judgment

                                                                       5 WP 6104-25.DOC

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CRIMINAL APPELLATE JURISDICTION

                                   WRIT PETITION NO. 6104 OF 2025

                   Vikrant @ Vicky Vinayak Bhosle                          ..Petitioner
                         Versus
                   State Of Maharashtra                                 …Respondent

                   Mr. Madan Gupta a/w Ms. Priti Jain, for the petitioner.
                   Smt. R. S. Tendulkar, APP for Respondent-State.
                   PSI – P. D. Yeramkar, Shrinagar Police Station.

                                               CORAM:         N. J. JAMADAR, J.
                                               DATE :         17th JANUARY 2026

                   P.C.:

                   1.      Heard the learned Counsel for the petitioner.

SANTOSH            2.      The challenge in this petition is to an order dated 18 th
SUBHASH
KULKARNI
                   August, 2024, whereby a non-bailable warrant has been issued
Digitally signed
by SANTOSH
SUBHASH
KULKARNI           against the petitioner.
Date: 2026.01.17
20:59:52 +0530

                   3.      The learned Counsel for the petitioner submits that, the

                   petitioner is ready and willing to appear before the learned

                   Sessions Judge regularly.

                   4.      As the petitioner undertakes to regularly appear before the

                   learned Sessions Judge, this Court considers it appropriate to

                   provide an opportunity to the petitioner to appear before the

                   learned Sessions Judge and ?le an application for cancellation

                   of the non-bailable warrant and, in the meanwhile, stay the

                   execution and operation of the non-bailable warrant.

                   SAINATH                              1/2
                                                  5 WP 6104-25.DOC

5.    The learned APP, on instructions, submits that, Sessions

Case No. 323/2019 is now posted on 11th February, 2026.

6.    The petition thus stands disposed with liberty to the

petitioner to appear before the learned Sessions Judge and ?le

an application for cancellation of the non-bailable warrant on or

before 11th February, 2026.

7.    In the event the petitioner appears before the learned

Sessions Judge and ?les such application for cancellation of

non-bailable warrant, on or before 11 th February, 2026, the

learned Sessions Judge may have due regard to the fact that,

the petitioner has appeared before the Court and undertakes to

regularly appear before the Court, till the conclusion of the trial,

and pass an appropriate order in accordance with law.

8.    In the meanwhile, the execution and operation of the non-

bailable warrant shall remain stayed till 11th February, 2026.

9.    It is hereby made clear that, if the petitioner does not

appear before learned Sessions Judge on or before 11 th

February, 2026, the protection granted by this Court shall stand

vacated automatically.

10.   The petition stands disposed.



                                         [N. J. JAMADAR, J.]


SAINATH                           2/2


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