(1.) Heard Mr. Mir Nagman Ali, learned advocate for the applicants.
(2.) Mrs. M. H. Deshmukh, learned Additional Public Prosecutor waives service on behalf of the State. Learned APP submits that considering the nature of the order impugned in this application and for expeditious disposal of the main matter, this application can be disposed of at the stage of notice itself.
(3.) The applicants/accused are facing charge for the offences punishable under Sec. 302, 120B read with Sec. 34 of the Indian Penal Code. The accused repeatedly applied before the Sessions Court, Buldhana for exemption from personal appearance. Learned Judge was liberal in granting exemption. However, when the Court noticed that they were becoming stumbling block in the process of framing charge and proceeding further in the matter, the learned Judge on 2/6/2023 rejected the application at Exh.48, made for personal exemption of the accused persons, and issued non-bailable warrant against them. The applicants/accused applied for recall of the order of issuance of non-bailable warrant. The learned Judge rejected the said application. The accused have come before this Court challenging the said orders.