Bhagwan Hariba Waghmare. v. The State Of Maharashtra.

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2704 OF 2016 Bhagwan s/o Hariba Waghmare ..APPLICANT

VERSUS

The State of Maharashtra ..RESPONDENT Mr S.P. Urgunde, Advocate for applicant;

Ms R.P. Gaur, Addl. Public Prosecutor for respondent CORAM : N.W. SAMBRE, J.

DATE : 14th June, 2016 ORAL ORDER :

Heard.

2.

Pursuant to the order dated 7th June, 2016 passed by this Court, the applicant has deposited costs of Rs.10,000/-. 3.

The applicant is facing trial for offences punishable under sections 279, 337 and 338 of the Indian Penal Code and section 20 (2) read with section 177 of the Motor Vehicles, in Summary Triable Case No.218 of 2006.

4.

The applicant initially was released on bail, however, it appears that since he had not attended the trial, the Court had cancelled his bail. His subsequent attempts for grant of bail from the Court of Magistrate and

(2) learned Sessions Judge remained unsuccessful and as such, present application.

5.

Learned Counsel appearing on behalf of the applicant, apart from payment of costs of Rs.10,000/- undertakes upon instructions from the applicant, that the applicant shall attend each and every date scheduled by the learned Magistrate for deciding the trial in question and he or his Counsel shall not seek any adjournment in the matter or any exemption from personal attendance.

6.

Upon above undertaking, in my opinion, it will be appropriate to order release of the applicant on regular bail. Thus, following order :- The applicant be released on bail, in connection with C.R. No.41 of 2006, registered with police station, Kandhar, for offences punishable under sections 279, 337, 338 of the Indian Penal Code and section 20 (2) read with section 177 of the Motor Vehicles Act (S.C.C. No.218 of 2006), upon furnishing P.R. Bond of Rs.10,000/- with one surety in the like amount.

In case if the learned Magistrate notices any default on the part of the applicant in spite of the undertaking given herein above, the learned Magistrate will be at liberty to proceed for cancellation of bail.

(3) Criminal Application stands allowed in above terms. (N.W. SAMBRE, J.) amj