1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Criminal Application No.411 of 2010 [Shri Manish M. Kakde Vs. State of Mah.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. R.H. Virsen, Adv., for the applicant. Mr. D.B. Yengal, APP for respondent. ----- CORAM : A.H. JOSHI, J. DATE : 13th April, 2010. 1. Heard. 2. Initially, offence under Sections 461 and 380, Indian Penal Code, was registered. Lateron, Section 395, Indian Penal Code, was added to it. 3. Admittedly, the applicant could not be arrested because he was absconding. He was arrested only after he was declared absconder and a Proclamation was also issued. 4. The applicant is not in a position to exhibit as to how in the background of his earlier avoiding the arrest and being an absconder, due to what distinction, he should be granted bail. 5. The argument advanced in support of bail is that two more accused are absconding and there are no chances of their arrest in near 2 future and, therefore, the applicant will remain in jail indefinitely. 6. If Court visualizes that in near future there are no chances of trial to commence, ordinarily, the application for bail will be considered, however, this Court finds that the applicant stands on a totally different footing because he himself was absconding. 7. In this background, the applicant is not entitled to be released on bail. 8. Application is rejected. Judge |Hedau|