Suraj S/O. Rameshwar Pashi (In Jail) v. The State Of Maharashtra Thr. P.S.O. Police Station Bhadrawati Dist. Nagpur

ba.760.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO. 760 OF 2017 ( Suraj S/o Rameshwar Pashi..vs.. State of Maharashtra, through PSO.PS.Bhadrawati) _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri P.R.Bhure, Advocate for applicant.

Shri M.J.Khan,A.P.P. for non-applicant-State. CORAM : V.M. DESHPANDE, J.

DATED : AUGUST 8,2017 Heard learned counsel for applicant and learned A.P.P. for State-non-applicant.

2] In 2012 an offence is registered against the present applicant for the offence punishable under Sections 279 and 337 of the Indian Penal Code and Section 184 of the Motor Vehicles Act. The applicant was arrested and he was released on bail. Thereafter, the case is registered as Criminal Case No.222/2012. Though the applicant could remain present in the said proceeding for some dates he was found to be absent. Consequently, learned Magistrate issued nonbailable warrant against the present applicant. The applicant was produced before the learned Magistrate and he filed an application for bail. The said application was opposed by the learned A.P.P. and the learned Magistrate on 19/7/2017 rejected the said application.

3] Thereafter, the present applicant approached to the learned Sessions Court by moving an application under Section 439 of the Code of Criminal Procedure. The said application is rejected by the learned Additional Sessions

ba.760.17.odt Judge,Warora on 24/7/2017.

4] Looking to the nature of the accusations made against the present applicant in my view, applicant can be released on bail with a caution that in future applicant shall regularly attend the Criminal Case No. 222/2012 in the Court of learned Judicial Magistrate First Class, Bhadravati and if it is found by learned Magistrate that for no reason the applicant is not appearing in the Court then the learned Magistrate will be free to pass the appropriate order in accordance with law. Hence, the order.

ORDER

I) The application is allowed.

II) Applicant Suraj S/o Rameshwar Pashi be released on bail on his executing P.R. of Rs. 2000/- with one solvent surety in the like amount before learned Judicial Magistrate First Class, Bhadravati in Criminal Case No.222/2012 .

III) The applicant shall attend Criminal Case No.222/2012 regularly and shall extend cooperation for early disposal of the said case. IV) The application is allowed and disposed of.

JUDGE kitey