{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.444 OF 2010 Shaikh Rafique @ Akkuwa s/o Allabaksha APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr. P.M.Nagargoje h/f Mr.P.R.Katneshwarkar Adv for applicant Mr. N.B.Patil, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 4th March 2010 PER COURT: 1. By this application the applicant has prayed to release him on bail in connection with CR No.225/2002 registered with Basmatnagar police station. It appears that earlier the applicant was released on bail during the trial. 2. It appears that after 2006, the applicant did not attend the court. It further appears that number of attempts were made by the trial court and ultimately the applicant was arrested in execution of non bailable warrant. It also appears that the applications moved by the applicant are rejected by the trial court {2} as well as by the Sessions Court. The grounds mentioned in the application for bail are that as the co-accused is absconding and he was not attending the court and hence the applicant did not attend the court. It cannot be an excuse for the applicant for not attending the court. If the applicant is released on bail then there is possibility that the applicant may not appear and the trial, which is already protracted, may linger for further period. In the premise, the application which is sans merits, stands rejected. 3. It is however directed that the trial of the absconding co-accused be separated and the trial against the present applicant be disposed of expeditiously and in any case within a period of 3 months from today. Parties to act on the authenticated copy of this order. [A.V.POTDAR, J.] drp/A10/criapln444-10