1 cri3647.11 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3647 OF 2011 Surjitsing @ Surajsing S/o Premsing Junni Age : 26 years, Occ : Labourer, R/o Mahatma Phule nagar, At/Po/Tq/Parli (Vaijanath), Dist. Beed ..APPLICANT -VERSUS- The State of Maharashtra ..RESPONDENT ..... Mr. H.V. Tungar, Advocate for applicant. Mr. G.R. Ingole, APP for respondent ..... (CORAM : SHRIHARI P. DAVARE,J.) DATE : 7th September, 2011. PER COURT : 1. Perused the investigation papers which were made available for inspection purpose and heard the learned counsel for the respective parties finally. 2. This is an application preferred by the applicant seeking regular bail in connection with C.R. No. 125 of 2002, registered at Kandhar Police Station, Dist. 2 cri3647.11 Nanded for the offence punishable under Section 395 of the Indian Penal Code. 3. It appears that the offence has been registered on the basis of the complaint lodged by complainant namely; Pundlik Dabhade on 13.08.2002 against the applicant and other co-accused person. Accordingly, the applicant came to be arrested by the Police Personnel of Kandhar Police Sation under C.R. No. 125 of 2002 on 21st October, 2005 and he was remanded to the judicial custody on 22nd October, 2005. Thereafter, the applicant preferred an application for regular bail before the learned Sessions Court i.e. Criminal Application no. 41 of 2006 and same was allowed and the applicant was released on bail in the sum of Rs. 15,000/- on 04.03.2007. 4. It also appears that in the mean time, on 24th October, 2005, the supplementary charge sheet has been filed by the Police Personnel against the present applicant and other accused person. However, it is alleged that the applicant-accused did not appear before the Court, and therefore, the case could not be 3 cri3647.11 committed to the learned Sessions Court. Hence, non- bailable warrant was issued against the applicant on 18.08.2010. It was executed and the applicant-accused came to be arrested by the Police Personnel on 19.03.2011 and was produced before the learned J.M.F.C., Kandhar and the applicant was remanded judicial custody and since then the applicant is in jail. 5. It further appears that the applicant along with co-accused, namely Charansing preferred Misc. Criminal Application no. 56 of 2011 before the learned Additional Sessions Judge, Kandhar for regular bail on 24th March, 2011. However, the said application came to be rejected by the learned Additional Sessions Judge, Kandhar on 16th April, 2011 observing that the applicant failed to appear before the trial Court and inspite of issuing notice to sureties, his presence could not be secured, which resulted into issuance of non-bailable warrant on 18.08.2010 and the applicant- accused came to be arrested on 19.03.2011 i.e. after a period of 7 months. It has been also observed that the applicant was absconding and the same has resulted 4 cri3647.11 into pendency of the case. 6. The learned counsel for the applicant pointed out that co-accused Charansing Bawri has preferred Criminal Application no. 2161 of 2011 seeking regular bail before this Court and the said application was allowed by this Court on 6th July, 2011 giving last chance to him and the said co-accused was released on bail on the conditions imposed upon him in the said order. Hence, the present applicant has preferred the present application seeking parity. The learned counsel for the applicant also pointed out that the applicant has got landed property within the limits of Nagar Parishad, Parli (Vaijnath), Dist. Beed and submitted that he has roots in the society. 7. Admittedly, the applicant was granted bail in Criminal application no. 41 of 2006 by the learned Additional Sessions Judge, Kandhar and he was released on bail in sum of Rs. 15,000/- on 04.03.2007 earlier, and therefore, the applicant is required to be enlarged on fresh bail in the present application also. As regards ensuring presence of the applicant for the committal of case, as well as for the trial, 5 cri3647.11 stringent conditions can be imposed upon him, but his liberty cannot be curtailed, more particularly, on the scenario that he was released on bail earlier. Moreover, it is also important to note that the co- accused Charansing Bawri is also released on bail by this Court on 6th July, 2011, whose case also stood on the almost similar footing, and hence, the applicant deserves to be released on fresh bail. 8. In the result, the criminal application is allowed and it is directed that the applicant be released on fresh bail on furnishing P.R. bond of Rs. 25,000/- with one surety in the like amount in connection with C.R. No. 125 of 2002, registered with Kandhar Police Station, on the following conditions : (i) The applicant shall attend the Court of Judicial Magistrate First Class for committal of the case to the Court of Sessions. (ii) The applicant shall also attend the dates of the Sessions case before the learned Sessions Court regularly and the applicant shall co-operate with the said Court for 6 cri3647.11 early disposal of the case. (iii) The applicant shall give his attendance before the In-charge of Kandhar Police Station once in a quarter till the disposal of the Sessions case. 9. The present criminal application stands disposed of finally. (SHRIHARI P. DAVARE) JUDGE ga s/cri3647.11