1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 349 of 2010 Dashrath B. Mhatre ... Applicant versus The State of Maharashtra ... Respondent ... Ms.Pushkarini B. Kulkarni i/b Mr.Kuldeep S. Patil for the applicant. Mr.Aabad H. Ponda with Shri Raju Yamgar for intervenor. Mrs.M.R.Tidake APP for the State. CORAM : D.G. KARNIK, J. DATED : 2nd February 2010 P.C. 1. Heard. 2. In my view, this application is an abuse of the process of the Court. The applicant is accused in C.R.No. 558 of 2009 for an alleged offence punishable u/s.364A, 385, 387 r/w section 34 of the IPC. Applicant had previously applied to this Court by Criminal Application No.79 of 2010 for pre-arrest bail. That application came up before me on 15th January 2010 and after full hearing when I was about to dictate 2 the order, the applicant through his counsel sought leave to withdraw the application and one week’s time to surrender. Accordingly, by an order on 15th January 2010, Criminal Application No.,79 of 2010 was allowed to be withdrawn and applicant was granted one week’s time to surrender. Applicant has not surrendered and is absconding since then. 3. Averments in this application are almost identical with the criminal application no.79 of 2010 which was withdrawn just 4 days prior to filing of this application. When this application came up before me on 27th January 2010, learned APP pointed out that the applicant was absconding. Learned APP also prayed for an order u/s.438 (1-B) for presence of the applicant in court. Accordingly, by an order dated 27th January 2010, the applicant was directed to remain present in the court today. The applicant is absent. Counsel for the applicant states that the Advocate on record had informed the order and asked the applicant to remain present in the court today and yet the applicant is absent and has not communicated with him. 4. Application is dismissed. (D.G. KARNIK,J.)