1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO.731/2009 Premkumar s/o Ajitlal Tiwari ...Versus... State of Maharashtra, Through P.S.O. Police Station Sadar, Nagpur -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- [S/Shri V. Vyas & I.S. Charlewar, Advs. for applicant] [Shri D.B. Patel, APP for non-applicant] CORAM:- A.B. CHAUDHARI, J. DATED :- 27.02.2009 Heard. Learned Counsel for applicant submits that the applicant was on bail right since the year 1999 and he was regularly attending the Court. It is seen from the impugned order that when the trial was to commence, the applicant remained absent. It is further seen that on 5.1.2009, he attended the Court, but since he was late, he was marked absent and non-bailable warrant was issued against him. On 2.2.2007 according to the trial Court again he attended at late hours and when the Court was likely to take action against him, he started running away and therefore, on the directions of the Court, 2 he was arrested and caught in the premises of the Court by the police. Without going into controversy whether the applicant is right or the prosecution is right, I make the following order. Criminal Application is allowed. Applicant be released on bail as per terms and conditions as in the trial Court on fresh bonds. Learned Counsel on behalf of applicant undertakes that the applicant shall appear on each and every date of hearing of the trial at the official time in the Court and shall not obstruct the smooth conduct of the trial. However, since the applicant has defaulted on the earlier occasions, the applicant shall pay costs of Rs.3,000/- (Rupees Three Thousand Only) in the trial Court, payable to the State Government within a period of four weeks from today, upon failure of which, he shall be taken into custody. Learned Counsel for the applicant states that the trial is still not on. If that is so, the trial being of the year 2001, I direct the trial Court to hold the trial as expeditiously as possible and complete the same in any case within a period of four months from today. Criminal application stands disposed of. JUDGE ssw