Mulchand S/O Barku Patil v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4385 OF 2016 IN CRIMINAL APPEAL NO.480 OF 2000 Mulchand s/o Barku Patil ...

APPLICANT

VERSUS

The State of Maharashtra ...

RESPONDENT .....

Shri Rupesh Jaiswal, Advocate holding for Shri N.S. Ghanekar, Advocate for applicant Shri R.V. Dasalkar, A.P.P. for respondent .....

CORAM:

A.I.S. CHEEMA, J.

DATED:

8th August, 2016.

ORAL ORDER :

1.

Heard counsel for the applicant and learned A.P.P. for the State. Perused record of the appeal. The record shows that, although Advocate was representing the appellant, on various dates when the matter came up, none represented. The Court was forced to resort to steps one by one to the stage where nonbailable warrant was required to be issued and when the Department of Police, of which the applicant - accused was a part

earlier, did not take steps, this Court continued to insist and now suddenly the applicant becomes aware of the proceedings and contacts the counsel so as to represent him. The earlier report from bailable warrant was that the applicant is not residing on the given address and it was also claimed that he has been suspended and hence not found.

2.

Looking to all this, the applicant does not deserve any sympathy. The record shows that, he was avoiding coming to the Court and conducting the matter which is of the year 2000. It is one of the oldest matter on the file of this Court. 3.

Looking to the trouble which the State machinery was required to be put to, to secure the presence of this applicant - accused, subject to payment of costs of Rs.3000/- (Rupees three thousand), the non-bailable warrant shall stand withdrawn, further subject to the condition that the non-bailable warrant is not already executed before writ is tendered. If the costs are paid, Hamdast of writ calling back the non-bailable warrant addressed to the concerned Court/ Police Station may be handed over to the counsel on behalf of the applicant - accused. 4.

The above is further subject to the condition that the

applicant - accused appears before the trial Court on or before 29th August 2016 and furnishes fresh P.R.B. and S.B. in the sum of Rs.15,000/- (Rupees fifteen thousand). At the time of releasing the applicant - 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. 5.

Trial Court shall send compliance report to this Court. 6.

Criminal Application is disposed of.

( A.I.S. CHEEMA, J.) fmp/cri4385.16