Subhash S/O Nivrutti Kure v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 1999 OF 2017 Subhash Nivrutti Kure ... Applicant

VERSUS

The State of Maharashtra ... Respondent .....

Mr. A.D.Shinde, advocate for the applicant Mr. S.J.Salgare, A.P.P for respondent .....

CORAM : K.L.WADANE, J.

DATED : 19th JUNE, 2017 O R D E R :

Present application is filed by the applicant for grant of bail in Sessions Case No. 69 of 2015. Initially present applicant was released on regular bail by the learned Sessions Judge, however, for one day he was absent, therefore, learned Sessions Judge had issued nonbailable warrant and in execution of non-bailable warrant the applicant was produced before the learned Sessions Judge. Thereupon the applicant was remanded to M.C.R.

2.

Heard Mr. Shinde, learned counsel for the applicant and Mr. Salgare, learned A.P.P. for

respondent.

3.

During the course of arguments, Mr.

Shinde, learned counsel submits that applicant may be released on bail. He submits that henceforth he will not remain absent for a single date.

4.

I have perused the copy of roznama, from which it appears that the applicant has attended the trial court on most of the dates and for some of the dates the personal attendance of the present applicant was not marked and the the concerned Sessions Judge has exempted the applicant from attending the court. Roznama further shows that accused no.3 is absconding and non-bailable warrant issued against him is awaited.

5.

The applicant was taken in M.C.R. where he remained absent for one day.

6.

Thus, considering the fact that earlier the applicant was released on bail, by putting certain conditions, he can be released on bail. Hence, following order.

(i) Criminal Application is allowed.

(ii) Applicant be released on bail in Sessions Case No. 69 of 2015, on furnishing P.R. bond of Rs. 25,000/- with one surety in the like amount. (iii) Applicant shall report the Kopergaon City police station once in a week i.e on every Monday between 10.00 a.m. and 12.00 noon till disposal of the Sessions Case.

(iv) Applicant shall attend the trial court on each and every date, on failure, the learned Sessions Judge will be at liberty to take him in M.C.R.

7.

Criminal Application is disposed of.

(K.L.WADANE, J.) dbm/crap1999.17