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Bombay High CourtBA/57/2019allowed

Sanjay S/O. Bansilal Raut(In Jail)(Alleged To Be Yadav) v. The State Of Maharashtra Thr. P.S.O., P.S. Kalamna,

2019-02-07Hon'Ble Shri Justice Murlidhar Ganpatrao Giratkar2 pages

ba57.19.O.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO.57 OF 2019 (Sanjay s/o Bansilal Raut Vs. The State of Maharashtra thr. PSO PS Kalamna, Dist. Nagpur) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri P.P. Kotwal, Advocate for Applicant.

Shri V.P. Gangane, APP for Respondent/State.

CORAM: M.G. GIRATKAR, J.

DATE: 7 th FEBRUARY, 2019.

Heard Shri Kotwal, Advocate for the applicant. The applicant was released on bail as per the order dated 09.02.2017 passed in Criminal Application (BA) No.29/2017. After the release of accused on bail he was regularly attended before the trial Court. Learned Advocate has pointed out order-sheet of the trial Court and submitted that on 04.05.2018 he could not remain present due to his illness. Therefore, non-bailable warrant was issued. He was arrested by police on 26.10.2018 before the trial Court. Since then he is in jail.

The order-sheet shows that before 04.05.2018 he was regularly attending the Court. Learned Advocate has filed medical certificate which show that accused was ill on 04.05.2018 and he was advised rest. The applicant was already on bail.

Shri Gangane, learned APP has strongly objected

ba57.19.O.odt the application. Applicant was already on bail. Hence, following order.

[i] The application is allowed.

[ii] Applicant be released on bail on same terms and conditions as per the order dated 09.02.2017 passed in Criminal Application (BA) No.29/2017.

JUDGE NSN