1 criap1187.11 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1187 OF 2011 IN CRIMINAL APPEAL NO.320 OF 2003 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: Shrihari P. Davare, J. Date : 24.03.2011. 1. Heard Shri Manish Tripathi, learned Advocate for the applicant-original accused No.1 and Shri S.G. Nandedkar, learned A.P.P. for Respondent-State (appellant in criminal appeal No. 320/2003). 2. This is an application preferred by the applicant-original accused No.1 for bail in Criminal Appeal No. 320 of 2003 filed by the State. 2 criap1187.11 3. It appears that the applicant herein, along with co-accused, was charged for the offences punishable under Sections 147, 148, 149, 325, 279, 337 and 427 of Indian Penal Code and they faced the trial in R.C.C. No.141 of 1998 before the learned Judicial Magistrate, First Class, Parbhani, and were acquitted on 21.1.2003 of the said charges. 4. Being aggrieved and dissatisfied by the said judgment and order of acquittal, the State has preferred criminal appeal No.320 of 2003 in this court and the notices were issued to the respondents-accused in the said appeal. However, since the present applicant (original accused No.1) was not residing on the given address, notice of the appeal could not be served upon him, whereas notices upon other respondents-accused were served and they were represented through Advocate Shri K.D. Bade Patil. 3 criap1187.11 5. The said appeal came to be admitted on 7.9.2009, and Advocate Shri K.D. Bade Patil waived notice for Respondent Nos. 2 to 13, and since present applicant-original accused No.1 was not represented by an Advocate, action under Section 390 of the Code of Criminal Procedure, was directed against him. However, as the applicant was not traceable, arrest warrant was issued against him which came to be executed and the applicant was arrested on 11.3.2011 and was produced before the learned J.M.F.C., Pathri. Accordingly, the applicant herein-orig. accused No.1 preferred bail application before the said court, but same was rejected and hence, the applicant has approached this court, by way of present application, seeking bail during final hearing of criminal appeal No.320 of 2003. 4 criap1187.11 6. Shri Tripathi, learned counsel for the applicant, submitted that the applicant was serving as driver and he shifted to another place and hence, the order dated 7.9.2009 passed by this court, for action under Section 390 of the Code of Criminal Procedure could not come to the knowledge of the applicant. It is further submitted that the applicant has neither deliberately nor intentionally avoided compliance of Section 390 of the Code of Criminal Procedure. 7. Shri Tripathi, learned counsel for the applicant submitted that the applicant is ready and willing to furnish surety as may be directed by this court, and further canvassed that the applicant was on bail during pendency of the trial and attended the court proceedings, regularly. 5 criap1187.11 8. Considering the contents of the application, as well as submissions advanced by the parties, the applicant deserves to be enlarged on bail during pendency of criminal appeal No.320 of 2003, but on stringent conditions. 9. In the result, present application is allowed and the applicant is directed to be released on bail in the sum of Rs.15,000/= with one solvent surety in the like amount, on the following conditions. (i) The applicant Ashok Manikrao Tambe (original accused No.1) shall furnish his present correct and full address in this court, as well as before the Police Station, Pathri, and shall also inform the change in his address, if any, expeditiously. 6 criap1187.11 (ii) The applicant shall give attendance before in charge police station, Kaij, once in a quarter till final disposal of criminal appeal No.320 of 2003 pending before this court. Hamdast allowed. pnd/criap1187.11 (SHRIHARI P. DAVARE, J.)