- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1750/2010 Durjya @ Durgaji s/o Baban Shinde, age 70 yrs., occu.nil r/o Saikheda Tq.Sonpeth Dist.Parbhani. ...Applicant.. Versus The State of Maharashtra, through Police Station, Sonpeth Dist.Parbhani. ...Respondent... ..... Shri S.J. Salunke, Advocate for applicant. Shri D.V. Tele, APP for respondent. ..... CORAM: A.V. POTDAR, J. DATE: 17.06.2010 PER COURT: - 2 - 1] By the present application, the applicant has prayed to this Court for his release on bail in connection with Crime No.94/2007 in which he came to be arrested on 4.3.2010. Earlier he was shown as absconding accused in the said crime and after his arrest on the date of his arrest, supplementary charge-sheet was filed on the very day in the Court of J.M.F.C., Sonpeth and lateron case against him was committed to the Court of Additional Sessions Judge, Gangakhed, wherein the trial was numbered as Sessions Case No.14/2010, in which now the applicant has claimed bail after rejection of his earlier bail application by this Court being No.851/2010 vide order dated 12.3.2010. 2] Heard learned counsel for the applicant followed by learned A.P.P. for the State. 3] It is urged across the Bar and also brought to the notice from the allegations in the complaint that the said complaint is lodged by the relative of the present applicant, who is real cousin of the present applicant. According to the learned counsel for the applicant, even though he was shown as absconding accused, no procedure as laid down under the Code of Criminal Procedure was adopted to secure presence of the applicant either by the police machinery or by the concerned criminal Court. It is brought to the notice of the Court that even though in the earlier order, in the last part, this Court has observed while rejecting his bail application that since the date of offence in the year 2007, the applicant was not - 3 - available and now his presence can not be secured if released on bail. To brush out and to rule out these facts, wife of the applicant has filed affidavit and produced record showing roots of the applicant in the society as also having landed property including house situated in village Saikheda post Khadka Tq.Sonpeth Dist.Parbhani. The age of the applicant is also 70 years. Considering the aspect that he is on the verge of last days of his life, he is being released on bail. In the premises, considering over-all effect of these facts, on humanitarian ground, as an exceptional case, the applicant deserves for following order. 4] Application is allowed. The applicant be released on bail on furnishing surety in the sum of Rs.20,000/- (rupees twenty thousands only) and on executing P.R. Bond in the like sum. Application stands disposed of accordingly. (A.V. Potdar, J.) ndk/cr1761013