* 1 * BA-1912-2011 20 Dec, 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1912 OF 2011 Hanumansingh Jagmalsingh Rathore ....Applicant V/s. The State of Maharashtra ....Respondent * * * * * Mr. M.K. Kocharekar, Advocate for the applicant. Mrs. G.P. Mulekar, APP for State. CORAM :- Smt. R.P. SondurBaldota, J. 20 December, 2011. P.C. : 1. The applicant is accused in C.C. No. 1397/PW/2001 arising out of C.R. No.501 of 2001 for the offences punishable under Sections 417, 420 Indian Penal Code registered at the instance of one, Ms. Komal Mahesh Tyagi. The applicant was arrested in the case and later released on bail of Rs.5,000/- by the trial Court. It appears that after filing of the chargesheet, the applicant did not remain present in the Court for almost four to five years and a non- bailable warrant came to be issued against him by forfeiting his bail amount. Thereafter, when the applicant approached the trial Court with an application for bail, the trial Court by its order dated 8th December, 2011 * 2 * BA-1912-2011 20 Dec, 2011 rejected the same on the ground that applicant was absconding since 31st August, 2005 and there was proclamation issued against him. Also, he had failed to show any reason for his non-appearance in the said period of almost six years. 2. Mr. Kocharekar, learned counsel appearing for the applicant, submits that the rojnama of the trial Court shows that the order of issue of proclamation against the applicant was without following the procedure prescribed by law for the purpose. The roznama shows that though there is an order for issuance of non-bailable warrant against the applicant, the warrant was never prepared by the office and consequently never served upon the applicant. Nonetheless the fact remains that the applicant failed to attend to the proceedings over a long period of time. Mr. Kocharekar, then states that the applicant will attend every next date of the matter. In view of this statement, the application is allowed. The applicant be released on bail in C.C. No. 1397/PW/2001 arising out of C.R. No.501 of 2001 pending in the Court of the learned Metropolitan Magistrate, 10th Court, Railway Mobile Court, Andheri in the sum of Rs.10,000/- (Rs. Ten Thousand only) with one solvent surety in the like amount. The applicant shall attend all the dates of the criminal case regularly. Any two consecutive defaults on the part of the applicant, would be a ground for cancellation of bail. At the request of Mr. Kocharekar, time of two weeks time is granted to furnish bail. In the * 3 * BA-1912-2011 20 Dec, 2011 meantime, the applicant be released on cash bail in the sum of Rs.10,000/- (Rs. Ten Thousand only). The applicant shall file his present address before the trial Court alongwith proof of his residence. [SMT. R.P. SONDURBALDOTA, J]