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Bombay High CourtBA/4976/2024disposed off

Rajendra Balu Shelke v. State Of Maharashtra

2025-01-07Hon'Ble Shri Justice N. R. Borkar2 pages

29-BA-4976-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 4976 OF 2024 Rajendra Balu Shelke ...Applicant

VERSUS

The State of Maharashtra

...Respondent

....

Mr. Niranjan Mundargi i/b Ms. Keral Mehta, Advocate for the Applicant.

Mr. S. V. Walve A.P.P. for the Respondent - State. ....

CORAM

:

N. R. BORKAR, J.

DATE :

07.01.2025.

P.C.

:

1.

The applicant is facing trial in RCC No. 285 of 2017 pending on the file of Judicial Magistrate, Panvel for the offences punishable under Sections 420, 467, 468, 471 and 120B and 34 of the Indian Penal Code.

2.

By order dated 02.01.2024, the trial Court had issued non-bailable warrant against the applicant as he failed to attend the said date before the trial Court. On 22.08.2024, the applicant appeared before the trial court and sought cancellation of warrant. The trial Court rejected the said application. Consequently, the trial Court took the applicant in the custody. The applicant had thereafter filed the fresh bail application. By order dated 22nd August 2024, the trial Court rejected the said bail application. Pramod Lakare

29-BA-4976-2024.doc 3.

I have heard the learned counsel for the applicant and the learned APP for the State.

4.

It appears that the applicant before his release on bail was in custody for about eight months and now about four months. The offences are triable by the Magistrate. In that view of the matter, I am inclined to release the applicant on bail. In the result, the following order is passed:

ORDER

(i) Criminal Bail Application is allowed;

(ii) The applicant is directed to be released on bail in R.C.C No. 285 of 2017 on executing P.R. Bond in the sum of Rs.1,00,000/- with one or two sureties in the like amount;

(iii) The applicant shall regularly attend the dates before the trial Court. The bail shall automatically stand cancelled, if the applicant remains absent on two consecutive dates, before the trial Court, without any valid reasons.

(N. R. BORKAR, J.) Pramod Lakare