BA-828-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.828 OF 2011 Ganesh Vishwanath Jamdar ... Applicant V/s. State of Maharashtra, Thru’ Barshi Police Station, Solapur ... Respondent Mr. P.G. Sarda for the Applicant. Mrs. A.A. Mane, APP, for the Respondent. CORAM:- A.M. THIPSAY, J. DATED :- 16 TH JUNE, 2011. P.C. : 1. Taken out of turn on being mentioned. 2. Heard. 3. I have gone through the Bail Application and the annexures thereto. The Applicant is an accused in Sessions Case No.71 of 2010 pending before the Sessions Court, Solapur. The Applicant was initially arrested on 13th November, 2009, and was released on bail on 4th December, 2009. Thereafter, the Applicant was externed from Solapur District. It appears that, thereafter, he did not remain present before the Sessions Court to face his trial. Because of his absence, a non-bailable warrant was issued by the Court BA-828-11.sxw 2 Dixit of Sessions to procure his presence. He was arrested pursuant to the execution of the said warrant and detained in custody. When he applied again for bail, the Sessions Court, by its order dated 19th April, 2011, rejected the same. 4. I have gone through the said order and the reasons for not granting bail to the Applicant mentioned therein do not seem to me to be proper and legal. In fact, when the Applicant was externed, during the pendency of the criminal cases against him, the externment order ought to have provided that he would be allowed to enter the limits of Solapur District for the purpose of attending the Court on the dates of hearing of those cases. In any case, since the Applicant was initially released on bail, after considering the merits of the matter, he deserves one more opportunity to avail of liberty. 5. The Applicant is ordered to be released on bail in the sum of Rs.20,000/-, with one surety in like amount. [A.M. THIPSAY, J.]