Sheshrao @ Pintu S/O Sahebrao Damodar v. The State Of Maharashtra, Thr. Pso, Civil Lines Police Station, Akola

28ba94.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO. 94/2022 Sheshrao @ Pintu Sahebrao Damodar..Versus... The State of Maharashtra - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Ms. M.V. Rai, Advocate for the applicant.

Mr. A.R.Chutke, APP for respondent/State CORAM : AVINASH G. GHAROTE, J.

DATE : 18/02/2022 Heard Mr. Rai, learned counsel for the applicant and Mr. Chutke, learned APP for respondent/State. 2] The application seeks the release of the applicant on bail, as the applicant has been arrested, for violation of the condition of the earlier order dated 3.6.2019, by which he was released on bail. The order dated 3.6.2019 directed the applicant to report to the Police Station within the jurisdiction of which he chooses to reside, outside the limits of city of Akola on every Sunday between 10.00 am to 5.00 p,m and if the applicant changes residence during the pendency of the trial, he was to inform the trial Court and accordingly report to the concerned Police Station within whose jurisdiction, he chooses to reside during the pendency of the trial. Since the applicant did not attend the Court on 8.10.2020 and 2.6.2020, non-bailable warrants were issued

28ba94.22.odt against him, in pursuance to which the applicant was apprehended and arrested. The application for grant of bail, has been rejected by the learned trial Court by an order dated 24.12.2021.

3] Mr. Rai, learned counsel for the applicant submits that since the applicant is a labourer, in the pandemic period he had to shift his place of residence which was the reason why the applicant was unable to attend the Court and so also to report to the Police Station.

4] Considering the reason given, which is Covid-19 Pandemic and absence of any serious objection from the learned APP, the application is allowed.

5] The applicant be released on bail in Crime No533/2018 registered for the offence punishable under Sections 354-A(1) and 452 of the IPC and Sections 7 and 8 of the POCSO Act, on executing PR bond in the sum of Rs. 50,000/-, with one surety in the like amount, subject to the condition that he shall attend the trial Court on each and every date and any violation in that regard, shall result in cancellation of bail.

JUDGE Digitally sign byRAJESH VASANTRAO JALIT Location:

Rvjalit