Mayur S/O. Kuldip Giri v. The State Of Maharashtra Thr. Pso Ps Civil Line Tq. And Dist. Akola.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO. 563/2021.

Mayur Kuldip Giri -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. Shri M. Khan, APP for the Non-applicant.

CORAM : VINAY JOSHI, J.

DATE : JULY 02, 2021.

Hearing was conducted through Video Conferencing.

2.

The applicant is seeking bail in Sessions Trial (POCSO) No.29/2015 pending on the file of the Extra Joint District Judge and Additional Sessions Judge, Akola, in which he was earlier released on bail, but, due to lapses on his part he was taken into custody. The order of Trial Court do disclose that time and again the applicant remained absent which has caused delay in the proceedings. Earlier trial Court refused to cancel

the non-bailable warrant, which caused the applicant to approach this Court for grant of bail. Having regard to these facts, this Court vide order dated 13.08.2020 has released the applicant on bail with a rider to appear on each and every date before the trial Court.

3.

It reveals that during meantime the applicant was in jail in some other crime. It is submitted that only once the applicant remained absent after the order of this court, and therefore, one more opportunity be given to him. It is also pointed out that the applicant at his own has approached the Trial Court for cancellation of nonbailable warrant, but, taken in custody. 4.

Having regard to all these facts and particularly, as the trial has not commenced, following order is passed.

(i) Criminal Application is allowed and disposed of.

(ii) The applicant/accused Mayur Dilip Giri be released on bail in Sessions Trial (POCSO) No.29/2015 pending on the file of the Extra Joint District Judge and

Additional Sessions Judge, Akola, on his furnishing P.R. Bond of Rs.1,00,000/- with one solvent surety in the like amount.

(iii).

The applicant/accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also shall not tamper with the evidence.

(iv) The applicant /accused shall attend each and every date before the Trial Court.

(v) Any breach of above conditions, would give liberty to the prosecution to approach this Court seeking cancellation of bail.

(vi) Misc. Application if any, also stands disposed of.

JUDGE Rgd.