Raju S/O Shankar Bhujade v. The State Of Maharashtra, Thr. Pso, Maregoan, Tq. Maregaon, Dist. Yavatmal
1 24ba542.2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO. 542 OF 2025 Raju s/o Shankar Bhujade Vs State of Maharashtra Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Digvijay P. Mankar, counsel for applicant. Mr. N.R.Rode, APP for the non-applicant/State. CORAM: URMILA JOSHI-PHALKE, J.
DATED : 21/07/2025 1.
The applicant came to be arrested by executing a non-bailable warrant on 21/10/2024 in connection with Crime No. 172/2020 and charge-sheet No. 56/2020 registered with Police Station Maregaon, District Yavatmal, for the offence punishable under Sections 395, 489 (E)(D), and 506 read with Section 34 of the Indian Penal Code, 1860.
2.
The crime was registered on the basis of a report lodged by Mahendra Ishwarlal Tiwari alleging that, when he was proceeding on his motorcycle, some persons restrained him and snatched the cash amount from him and also demanded some amount from him. On the basis of the said report, police have registered the crime against the present applicant. After registration of the crime, he approached the Court for grant of bail, and he was released
2 24ba542.2025.odt on bail. However, he remained absent therefore, the trial Court has issued the non-bailable warrant, and by executing the warrant, he was arrested. Therefore, he filed an application for grant of bail, which came to be rejected. 3.
Heard learned counsel for the applicant who appeared through video conferencing and invited my attention towards the medical certificate and shows that the applicant was suffering from a chronic liver disease, and his liver was enlarged, and therefore, he was under treatment, and therefore, he could not inform his counsel and could not attend the court either. Now, he will remained present before the court. In view of that, he be released on bail. 4.
Learned APP strongly opposed the said application on the ground that, considering the absence of the present applicant before the trial Court, due to which the trial was held up, in view of that, the application deserves to be rejected.
5.
On hearing both sides and on perusal of the investigation papers, the involvement of the present applicant is revealed, as the informant himself has mentioned his name in the FIR. He was earlier released on bail. Considering the nature of the offence and his subsequent absence, a nonbailable warrant was issued. However, in light of the medical certificate, which provides a reasonable and justifiable reason for the applicant's absence, in view of that, the application
3 24ba542.2025.odt deserves to be allowed. Accordingly, I proceed to pass the following order.
ORDER
a] Criminal application is allowed.
b] The applicant - Raju s/o Shankar Bhujade shall be released on bail in connection with Crime No. 172/2020 and charge-sheet No. 56/2020 registered with Police Station Maregaon, District Yavatmal for the offence punishable under Sections 395, 489 (E)(D), 506 read with Section 34 of the Indian Penal Code, 1860, on executing P.R. Bond of Rs. 50,000/- with one solvent surety in the like amount.
c] The applicant shall attend the concerned police station twice a month on 1st and 15th of every month till culmination of the trial.
d] The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the present case.
e] The applicant shall attend the proceedings before the trial Court without seeking any exemption unless there are exceptional circumstances.
4 24ba542.2025.odt f] A single failure of the attendance would lead to the cancellation of bail.
The criminal application is disposed of.
(URMILA JOSHI-PHALKE, J.) rkn