Raja @ Raju @ Rajesh Bajirao Raut v. State Of Mah. Thr. Pso Ps Civil Line Akola Tq. And Dist.Akola

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION [BA] NO. 317/2021.

Raja @ Raju Bajirao Raut -VERSUSState of Maharashtra.

Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court' s or Judge'

s Orders or directions and Registrar'

s orders.

Shri A.S. Londhe, Advocate for the Applicant. Ms. N. Mehta, A.P.P. for the Non-applicant.

CORAM : VINAY JOSHI, J.

DATE : APRIL 19, 2021.

Heard learned Counsel for the parties through video conference.

2.

The applicant is arrested by the concerned police in pursuance of a non-bailable warrant issued by the Trial Court, since the applicant failed to attend the Court proceedings. The applicant assured that he would attend all the dates of the proceedings in future, and therefore, prayed for release on bail. 3.

The learned A.P.P. appearing on behalf of the State opposed the bail by submitting that the applicant is a habitual offender, and if released, he

would again abscond.

4.

The applicant is involved in an offence punishable under Sections 363, 366, 342, 376(N) of the Indian Penal Code and Sections 3 and 6 of the Protection of Children from Sexual Offences Act, 2012. It appears from the impugned order that the applicant made a statement that during meantime he had performed marriage with the informant - victim and they have two children.

5.

Considering the merits, the applicant was already released on bail vide order dated 16.03.2017, therefore, the only question remains about securing his presence at the time of trial. It reveals that from 26.06.2017, the applicant never turned to the trial Court, therefore, a warrant and a proclamation was issued. Accordingly he was arrested by the police on 14.03.2021, and since then he is in jail.

6.

Already on merits the applicant was released on bail, and now for a period of one month he is in jail which is sufficient for him to teach a

lesson. In the circumstances, I deem it appropriate to release the applicant on bail by imposing condition of imposing heavy surety to secure his presence in future. In view of that, following order is passed. (i) Criminal Application is allowed and disposed of.

(ii) The applicant - Raja @ Raju Bajirao Raut, accused in Sessions Trial No.211/2016, pending on the file of the Additional Sessions Judge, Akola is released on bail on his furnishing P.R. bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only), with one solvent surety in the like amount.

(iii) The applicant shall attend each and every date of the Court proceedings.

(iv) Applicant's failure to attend any two consecutive dates without permission of the Trial Court would give rise to the State to apply for cancellation of bail.

(v) All pending Misc. Application/s, if any, also stands disposed of.

JUDGE Rgd.