1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2438/2009. ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Smt.SS Jadhav, Adv. For Applicant; Mr.PM Shinde, APP for State. ___ CORAM : K.U.CHANDIWAL, J. DATE : 30th July, 2009. ... 1) Heard learned Counsel and APP. 2) The accused/applicant seeks release of bail for offence under Section 394 in Crime No. 57/2005 registered at Sadar Bazar Polic station, Jalna (R.C.C.No. 653/2005 with learned Chief Judicial Magistrate, Jalna). 3) The accused was taken in custody on 28.4.2005. Thereafter, by virtue of his bail application, he enjoyed the bail, but did not honour the mandate of the Court and abstain thereby protracting the proceeding. It was on 23rd March, 2009, he was nabbed and is in custody. He moved application before the learned Judge on 30th April, 2009, 19.5.2009 and lastly on 23.5.2009 being Application No. CMP No. 360/2009 and said application came to be rejected by order 2 dated 6.6.2009. 4) The Counsel informs, the incident of robbery or causing hurt to the victim/complainant, pigmy agent, has taken place in the dark and there was no identification parade, which is highlighted in the application also. The Counsel informs that the other accused is on bail, the present applicant/accused will abide with the terms of regular attendance and hence to be released on bail. 5) The manner in which the applicant/accused has dealt with the prosecution does not indicate that he has any regard for the Court’s order. Consequently, earlier rejection of three applications by the learned Judge cannot be said to be requiring any interference. At the most, expeditious hearing can be directed. Hence, application is rejected. 6) Learned Judge, considering the accused to be in custody from 23rd March, 2009, will give priority to the case. ( K.U.CHANDIWAL ) JUDGE bdv/cran2438.09