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Bombay High CourtAPPLN/3693/2016disposed off

Dattatraya S/O Jagannathrao Zombade v. The State Of Maharashra

2016-07-12Hon'Ble Shri Justice A. I. S. Cheema2 pages

Criminal Appln.No.3693/2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3693 OF 2016 IN CRIMINAL APPEAL NO.728 OF 2005 Dattatraya s/o Jagannathrao Zombade ...

APPLICANT

VERSUS

The State of Maharashtra ...

RESPONDENT .....

Shri B.R. Warma, Advocate for applicant Shri K.S. Patil, A.P.P. for respondent/ State .....

CORAM:

A.I.S. CHEEMA, J.

DATED:

12th July, 2016.

ORAL ORDER :

1.

Heard learned counsel for the applicant. It appears that, the applicant has changed his address and has not given information of the same to the trial Court or to his earlier counsel. The applicant- accused appears to have shifted his residence from Osmanabad and gone to reside at Omerga. Looking to the developments which took place in the present matter, because of which non-bailable warrants were issued including notice as to why bail bonds should not be forfeited, it is directed that, the applicant - original appellant - original accused shall furnish fresh P.R.B. and S.B. in the sum of Rs.10,000/- (Rupees ten thousand) in the trial Court and for the purpose,

Criminal Appln.No.3693/2016 shall remain present before the trial Court on 22nd July 2016. At the time of releasing the accused on bail, the trial Court shall add condition of accused marking presence in the trial Court every three months, till disposal of the Criminal Appeal. Trial Court shall yearly send report in January of marking presence by accused in this regard to this Court till disposal of appeal. 2.

The applicant shall pay costs of Rs.1500/- and on payment of such costs, the non-bailable warrants issued shall stand recalled. On payment of costs, the humdust of order of recall of warrant shall be given to the applicant through his counsel for submitting the same to the Court/ Police Station concerned. Criminal Application stands disposed of. 3.

The learned new counsel submits that, he has all the instructions to argue the appeal and the appeal will be argued on any date as may be given. List the appeal for hearing finally on 28th July 2016. It is made clear that, when the matter comes up for hearing, if it is not argued, no further leniency will be shown. (A.I.S. CHEEMA, J.) fmp/cri3693.16