Maruti Shankar Waydande v. The State Of Rmaharashtra

Mhi BA-29-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 29 OF 2018 Maruti Shankar Waydande ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr.Chirag R. Sonecha, for the applicant.

Ms.Veera Shinde, APP, for the State.

Mr. P.B.Bhangare, ASI, Aatpadi Police Station, Sangli, present. CORAM : SMT. SADHANA S.JADHAV, J.

DATE : 22nd January, 2018.

P.C. :

1.

Heard. This is an application under Section 439 of Cr.P.C. The present applicant is an original accused in Crime No.92 of 2011 registered at Atpadi Police Station, District Sangli for the offences punishable under Sections 302, 201, 404, 120B and 109 of the Indian Penal Code.

2.

By an order dated 22.5.2012, the applicant was enlarged on bail. He did not attend on the dates before the Sessions Court. Nonbailable warrants were issued. Finally, notice was issued to the surety. The

Mhi BA-29-18.doc surety was arrested and on the next date i.e. 23.6.2017, the applicant has surrendered before the Court.

3.

The contention of the applicant is that he was an ill-iterate and therefore, did not know that he had to attend the dates regularly. The applicant has committed breach of the faith imposed upon him by the Court while granting bail and hence the applicant has been taken into custody. 4.

Taking into consideration the fact that the applicant was absconding for more than 2 - 3 years due to which the trial has been protracted, it cannot be said that in the eventuality he is released on bail, he would remain present before the Sessions Court. It is in these circumstances that no sympathy can be shown to the applicant. The application being sans merits, stands rejected. (SMT. SADHANA S.JADHAV, J.)