Prakash S/O Motilal Varlani v. State Of Maharashtra, Through Officer In Charge, Police Station Brahmapuri, Chandrapur

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Criminal Application (BA) No.236 of 2015 (Prakash Varlani V State of Maharashtra thr PSO PS Brahmapuri, DistChandrapur) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

[Shri Nitin Bhishikar, Adv for applicant.

Shri Bangadkar, APP for State] CORAM : A.B. CHAUDHARI, J.

DATED : 25.06.2015.

Heard the learned Counsel for the rival parties.

In the trial pertaining to the year 2008 for the offences under Sections 294, 506, 323 read with 34 of the Indian Penal Code and 3(1)(10) of the Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act, the bail granted to the applicant was cancelled on 07-08-2013, because when the trial commenced he remained absent. The trial Court found that he was habitually remaining absent and in fact four witnesses were present and due to the absence of the accused they could not be examined.

Looking to the nature of offence and the period spent by the applicant in jail after cancellation of his bail, I think the following order would sub-serve the interest of justice.

Order A] Criminal Application (BA) No.236 of 2015 is allowed.

B] The applicant shall be released on bail on furnishing a PR bond in the sum of Rs. 10,000/- with one solvent surety in the like amount.

C] The applicant is warned to remain present on every date of hearing henceforth. D] The trial Court is directed to complete the trial expeditiously.

JUDGE Deshmukh