Durgadas Radhakrishnan Joshi v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3580 OF 2025 Durgadas Radhakrishnan Joshi ...Applicant

Versus

The State of Maharashtra

...Respondent

.....

Mr. Santosh Bansode a/w Mr. Saiprasad Patil, Advocate for Applicant. Ms. Veera Shinde, APP for the Respondent-State. .....

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

28th NOVEMBER 2025 P.C.

1.

Heard learned counsel for applicant and learned APP for the Respondent-State.

2.

It is contention of learned counsel for applicant that the applicant has been taken into MCR by executing non-bailable warrant. During trial, the applicant was on bail. As trial was not in progress, the applicant remained absent before the trial Court. The applicant is ready to file undertaking that he will attend each and every date before the trial Court unless exempted by the trial Court. Hence, requested to allow the application.

3.

It is contention of learned APP that the trial is in progress. The applicant remained absent for three years. Hence, requested to reject the application.

Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2025.12.01 17:17:10 +0530 SAJAKALI LIYAKAT JAMADAR

4.

I have heard both the learned counsels. The applicant was already released on bail. He has been taken into MCR as he remained absent before the trial Court. The trial is in progress. The applicant undertakes to remain present each and every date before the trial Court unless exempted by the trial Court. Considering these facts, I pass the following order :

ORDER

(i) Application is allowed;

(ii) The applicant be enlarged on bail in Crime No.41 of 2015 registered with Dahiwadi Police Station, District Satara, on executing P.R.Bond in the sum of Rs.20,000/- with one or two sureties in the like amount.

(iii) The Applicant shall attend the each and every date of the Trial Court, regularly unless exempted by the trial Court.

(iv) If applicant violates above condition, the applicant shall be taken into custody.

5.

The application is allowed in the aforesaid terms and is accordingly disposed off.

6.

It is made clear that the above observations are made only for the purpose of granting bail and the Trial Court shall decide the case on its own merits in accordance with law and uninfluenced by the observations made in this order.

7.

All concerned to act on the authenticated copy of this order. (SHIVKUMAR DIGE, J.)