Ganesh Nathu Mandekar v. The State Of Maharashtra

kvm 1/2 42-BA1951.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1951 OF 2017 Ganesh Nathu Mandekar ..... Applicant

VERSUS

The State of Maharashtra ..... Respondent Mr.Satyavrat Joshi for the Applicant.

Mr.S.S.Hulke, A.P.P. for the State.

CORAM : T.V.NALAWADE, J.

DATE : 29th AUGUST, 2017 P.C.

The application is filed for bail in Sessions Case No.140 of 2014 presently pending before the learned Additional Sessions Judge, Khed Sessions Division of Pune District.

2.

The submissions made and the order made by the learned Additional Sessions Judge at Exs. 40 and 43 show that the applicant is facing the charge for offences punishable under sections 307, 34 of the IPC but he did not turn up to face the trial for the period of around three years. Due to that NBW was issued and ultimately he came to be arrested and he is kept behind bars. He is behind bars since 27th July, 2016.

kvm 2/2 42-BA1951.17 3.

The submissions made show that all the three accused from the case were granted bail. Even after putting the present applicant behind the bars on 27th July, 2016, the case did not make progress. In view of these circumstance, this court holds that for sufficient time he has been kept behind bars for his conduct but it is not desirable to keep him behind bars for further period as it is not certain as to how much time will be required for the decision of the case. In the result, the applicant is to be released on bail on his furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand Only) with one or more solvent sureties of the like amount. The applicant is not to tamper with prosecution witnesses. He is not to commit similar offences. He has to attend the court regularly. (T.V.NALAWADE, J.)