1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4000 OF 2009 Eknath S/o.Maroti Natkar, APPLICANT VERSUS State of Maharashtra RESPONDENT Mr.A.S.Usmanpurkar, learned counsel for the applicant. Mr.N.B.Patil, learned APP for respondent/State (CORAM : A.V.POTDAR, J.) DATE : 21/11/2009 PER COURT : 1. By the present application, the applicant has prayed for his release on bail in connection with his arrest in Spl.Case No.30/2007, where he was taken in custody as he jumped the bail on 30/09/2009. 2. Heard learned counsel for the applicant followed by the submissions of learned APP appearing for the State. Considering the submissions across the bar, it appears that the applicant accused is an accused in connection with CR No.3031/2005 dated 04/10/2005 for an offence punishable u/s. 135 and 139 of The Indian Electricity Act. It further appears that initially the applicant accused was released on bail in connection with that offence. After completion of 2 investigation, the charge sheet was filed before the Special Judge, trying the cases for M.S.E.B. at Jalna and the case was numbered as Spl.Case No.30/2007. It further appears that after the charge sheet was filed, as well as the applicant accused was released on bail, he remain absent. Hence NBW was issued against him on 24/10/2007 and in that event, the accused appeared on 20/04/2009 and sought cancellation of the said NBW. On payment of penalty, the said NBW was cancelled, but again he remain absent from July 2009 and hence again NBW was issued against the applicant accused. It further appears that this NBW issued against the accused remain un- executed as he was not traceable. According to the applicant, as he is working as a labour for cutting of sugarcane and for that purpose he has to go alongwith the group of cutting of sugarcane from one place to another and hence in view of this contingency, he was unable to remain present in the Court, resulted in issuance of NBW against him. It further appears that on 30/09/2009 applicant accused appeared before the Special Court and prayed for cancellation of NBW, but it appears that his said application was rejected and he is taken in custody and since then the applicant accused is in custody, hence present application for his release on bail. 3. Considering the fact as projected in above paragraph supra, it appears that in case even on humanital ground if the applicant accused is released on bail, there is likelihood considering his occupation that he may not attend the Court and if he may not 3 attend the Court, already the trial which is delayed for more than 3 years, again there will be delay in that trial. The only alternate remain is to reject this application with direction to the Special Court to dispose of the trial against the applicant within a stipulated period. In the premise, the application to be disposed of with following order : O R D E R 1. Application for bail is hereby rejected. 2. The Special Judge conducting the cases under the Electricity Act at Jalna is hereby directed to dispose of Special Case No.30/2007 against the applicant within the period of one month from the date of receipt of the writ of this order. 3. Application stands disposed of in terms of the above order. 4. The Special Judge is hereby directed to follow these directions scrupulously. (A.V.POTDAR, J.) khs/NOV 2009/cri.appl.4000-09