1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No.5853 of 2009 Dhananjay Vishwanath Kawchale ... Applicant versus The State of Maharashtra ... Respondent ... Mr.Avinash Kamkhedkar for applicant Ms.M.H.Mhatre APP for the State. CORAM : D.G. KARNIK, J. DATED : 11th January 2010 P.C. 1. By this application, applicant applies bail in connection with Criminal Case no.337/2000 for the alleged offences punishable u/s.406, 420 of the IPC. 2. The applicant was arrested in the year 2000 and was granted bail by the Magistrate on the same day. Thereafter the charge­sheet was filed but trial has not commenced. The applicant has been attending the court regularly for about 8 years and had not violated any condition of Bail till the year 2008. However, on account of burn injuries he could not attend the court on two or three occasions and therefore, non bailable warrant was issued against him and he was arrested on 25th 2 September 2009. His application for fresh bail was rejected by the Magistrate and therefore the applicant has approached this Court. 3. Perused the copy of the medical certificate filed on record. It appears that on account of burn injuries suffered, the applicant could not attend the court on two or three occasions. In the facts and circumstances of the case, a lenient view can be taken, taking into consideration the applicant was attending the Court for more than 8 years regularly. Hence the application is allowed and applicant be released on bail on the same terms and conditions on which he was previously granted bail but on his executing fresh P.R. Bond (D.G. KARNIK,J.)