Final Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180137442025 Misc Cases/822/2025
ARUN N BIDWAI Vs. RAJAN SHARAD MHETRE
IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS,
58TH COURT, BANDRA, MUMBAI
ORDER BELOW EXH.01
This is an application moved on behalf of the original
complainant for issuing arrest warrant under Section 418 Sub Section 2
of Code of Criminal Procedure against the accused.
2. It is contended on behalf of complainant that the accused had
filed Criminal Miscellaneous Application for suspension of substantive
sentence in Criminal Appeal against impugned order of conviction. In
said Criminal Miscellaneous Application accused was granted stay for
limited period subject to conditions. Thereafter, accused committed
breach of said conditions levied by Hon’ble Sessions Court. The
Sessions Court vacated order of suspensation of substantive sentence
ordered against the accused in Appeal.
3. Today I have heard advocate Shaktiprabha Vishawakarma
representing Law Firm of advocate D’Souza. She prayed for granting 5
days time to file reply.
4. In fact in the eyes of law there is no legal necessity to move
application for issuing arrest warrant by the complainant in disposed
case. What is important for paramount consideration of the trial court
is whether the substantive sentence awarded by the trial court is
suspended by the higher court or not. As on date, it is crystal clear that
the Criminal Miscellaneous Application whereby the substantive
sentence was suspended by the Hon’ble Sessions Court is dismissed and
stay is vacated. There is no orders of suspension of substantive sentence
by any Appellate Court. In the facts and circumstance, request of
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Order Below Exh.01
granting time to file reply can not be granted. There is no provision in
law to grant 5 days time for filing reply when the accused is convicted
of an offence and there is no stay for execution of substantive sentence.
Accused has already exhausted the benefit of remedy under section 389
of Code of Criminal Procedure after passing Judgment. Further, accused
deliberately absent and moved Vakalatnama through advocate which is
more than sufficient to draw an inference of conduct of evading legal
process. Hence, I pass following order.
ORDER
1. Criminal Miscellaneous Application is allowed.
2. Issue warrant of arrested under section 418(2) of Code of
Criminal Procedure against the accused for execution of
substantive sentence awarded by way of Judgment in
Criminal Case No.541/SS/2011.
3. Order dictated and pronounced in open court.
( M. P. Saraf )
Judicial Magistrate First Class,
Date : 29.10.2025 58th Court, Bandra, Mumbai.
J.O.Code: MH01362
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Order Below Exh.01
CERTIFICATE
I affirm that the contents of this P.D.F. file Order are same, word to word as per the
original Order.
Name of Stenographer : Mrs. Aditi Ravikiran Dalvi
Court : Judicial Magistrate(First Class), 58th Court, Bandra,
Mumbai.
Dictated in open court on : 29.10.2025.
Transcribed and Typed on : 29.10.2025.
Order printed and Signed on : 29.10.2025.
Order Uploaded on : 29.10.2025.
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