Bhanudas S/O. Hiraman Nagargoje v. The State Of Maharashtra

1 Cri. Appln. 1424-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1424 OF 2016 Bhanudas S/o Hiraman Nagargoje Age 50 years, Occu.: Service, R/o. Sonwala, Tq. Jalkot, Dist. Latur .. Applicant

Versus

The State of Maharashtra Through the Police Station Officer, Police Station, Chakur, Tq. Chakur, Dist. Latur .. Respondent .....

Mr. N.D. Kendre, Advocate for the applicant Mr. U.S. Mote, APP for the respondent-State ......

CORAM : M.T. JOSHI, J.

DATED : 10/03/2016 ORAL ORDER :

Heard both sides.

2.

The present applicant, who has jumped the earlier bail, is seeking his release on bail, as the non-bailable warrant was issued against him. The learned Judicial Magistrate First Class has rejected the application, as since the year 2013, the

2 Cri. Appln. 1424-2016 applicant remained absent in the proceedings for a period of four years and the non-bailable warrant could not be served upon him.

3.

Considering all the facts on record since the present applicant is behind the bar with effect from 10/02/2016, in my view, he can be released on bail on certain conditions.

4.

Hence, the following order:- I) The Application is allowed.

II) The applicant be released on bail in Crime no. 119 of 1996 registered with Chakur Police Station, Dist. Latur for the offences punishable under section 409 r/w. 34 of the Indian Penal Code, upon his executing P.R. bond in the sum of Rs.30,000/- (Rs. Thirty Thousand) and also upon furnishing two sureties in the amount of Rs.15,000/- (Rs. Fifteen Thousand) each and also on the condition that the applicant deposits an amount of

3 Cri. Appln. 1424-2016 Rs.10,000/- (Rs. Ten Thousand) towards the penalty in the trial Court.

III) In the P.R. bond, the applicant shall furnish his permanent address and present place of posting.

IV) Upon release of the applicant on bail, if the learned Judicial Magistrate First Class would find that the applicant remains absent for seeking any exemption, the bail bonds those would be furnished by the applicant, shall stand automatically forfeited and the fresh non-bailable warrant be issued against the applicant.

5.

With the above conditions, the Application is allowed and disposed of.

[M.T. JOSHI] JUDGE arp/-