Nemilal Sukhlal Patil v. The State Of Maharashtra

9 appln.2960.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

9 CRIMINAL APPLICATION NO. 2960 OF 2017 NEMILAL SUKHLAL PATIL

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Harshal P. Randhir, h/f Mr. Santosh B. Chavan. APP for Respondent: Mr. A. S. Shinde.

...

CORAM :

V. K. JADHAV, J.

DATE :

01st September, 2017.

P.C.:

.

Heard the learned counsel for Applicant.

The learned counsel for Applicant submits that there is nobody in the family to look after the members of the family. The father of the Applicant died on 15th November, 2015 and therefore, the Applicant could not remain present before the Court to furnish the surety. The learned counsel submits that the Applicant is ready to furnish the surety to the satisfaction of Court and also ready to abide any condition, if imposed.

The learned APP has strongly resisted the application on the ground that even though the prosecution has closed the evidence and the case is posted for final arguments, because of the absence of

9 appln.2960.17.odt the present Applicant, the said sessions case cannot be disposed of. On perusal of the order passed by the Additional Sessions Judge, Jalgaon dated 22nd February, 2017 below Exhibit-111 in Special Case No.5 of 2013, I am not inclined to allow this application. The criminal application is hereby rejected.

[ V. K. JADHAV, J. ] ndm