Shamim Ahmed Rehmatulla Gubitra v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2172 OF 2018 Mr. Shamim Ahmed Rehmatulla Gubitra ... Applicant Vs.

State of Maharashtra ... Respondent ...

Ms. Sonal Parab I/by Mr. Rajeev Sawant & Associates for the applicant.

Mr. Y.Y. Dabke, APP for the Respondent-State. ...

CORAM : PRAKASH D. NAIK, J.

DATE : 6th SEPTEMBER, 2018.

P.C.

1.

Applicant has preferred this application for bail in Criminal Case No.587/P/1996. The applicant is charged for the offence punishable under Section 326 of Indian Penal Code. The said case is pending before the court of Metropolitan Magistrate 24th Court at Borivali, Mumbai since last more than 20 years. It is apparent that the applicant has not attended the trial proceeding for a long period of time. In 2007, non bailable warrant issued against the applicant, which was cancelled on the application filed by the applicant. However, thereafter, the applicant did not attend the Court, hence the trial Court was constrained to issue non-bailable warrant and proclamation against the applicant. The applicant

was arrested on 14th August, 2018. He preferred an application for bail before the trial Court which was rejected on the same day. The applicant than preferred an application for bail before the Sessions Court which was rejected on 23rd August, 2018. 2.

Learned advocate for the applicant submits that applicant is permanently residing at the address mentioned in the cause title of this application. Applicant is willing to give undertaking that he would attend the trial Court regularly on each and every date without fail. The applicant is prosecuted for the offence punishable under Section 326 of Indian Penal Code and the stage of the trial is for recording evidence. It is submitted that he has not left the residence and he is residing at the address mentioned in the cause title of this application.

3.

Learned APP submits that applicant has not attended the Court for a long time, therefore, his bail application may be rejected.

4.

Taking into consideration the nature of offence, for which he is tried and considering that he is willing to give undertaking to attend the trial Court regularly, bail application can be allowed.

ORDER

i) Bail application No. 2172 of 2018 is allowed;

ii) The applicant is directed to be released on bail in connection with Criminal Case No. 587/PW/1996 pending before Additional Chief Metropolitant Magistrate, 24th Court, Borivali, Mumbai on furnishing P.R. Bond of Rs.20,000/- with one or more sureties in the like amount;

iii) Applicant is permitted to furnish cash security in the sum of Rs.20,000/- for a period of four weeks;

iv) After the release, the applicant shall file an undertaking before the trial Court that he will attend the Court proceeding on each and every date of hearing, unless he is exempted by the trial Court;

v) Applicant shall produce documents relating to his residential address before the trial Court;

v) Application stands disposed off.

Digitally signed by Sachidanand Kuttan Nair Date:

2018.09.12 11:29:42 +0530 ( PRAKASH D. NAIK, J. ) Sachidanand Kuttan Nair