1 aba-187-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 187 OF 2011 Mr Harakchand Jain @ Giridharlal ..Applicant. versus The State of Maharashtra ..Respondent. Mr. E. B. Dixit i/by P.R. Yadav, Advocate for the Applicant. Mrs . S.D. Shinde, A.P.P. for the State. CORAM : A.R.JOSHI, J. DATED : 7th March, 2011 P.C. :- 1. Heard learned Counsel for the applicant in this application for transit bail. Also heard learned A.P.P.for the State. 2. Facts of the present matter, as narrated in the application : are much peculiar in nature. Initially, in the year 1994 present applicant was arrested by C.B.I. S.C.B.Madras in R.C. No. 15 (s) 1994. He was 2 aba-187-11 released on bail by the Principal Sessions Court, Madras. Apparently, there was another case RC No.16 (s) 1994 before the Principal Sessions Judge, Madras in which he was granted bail in September,1994. In both the matters, charge sheets were filed and matters were clubbed together in the year 1998. As mentioned in the application, the applicant attended the matter till the year 2004. However, thereafter did not attend the Madras Court. There are no better particulars given by the applicant as to on which date the non bailable warrant was issued by the concerned Magistrate. However, the fact remains that according to own admission of the applicant, he did not attend the matter since 2004. Now, in the year 2011, he had approached this Court at Mumbai asking for grant of transit bail. 3. Apparently, no material is produced before this Court which had prevented the applicant to approach the concerned Court, who issued non bailable warrant. Moreover, there is no specific mention on which date, month and year such warrant is issued against the applicant. There is nothing brought before this Court that what had prevented the applicant even to present similar prayer before the High Court of Madras. Considering such situation, in the opinion of this Court, discretionary relief cannot be granted in favour of the petitioner. 3 aba-187-11 4. In the result, application for transit bail is rejected and disposed of accordingly. (A.R. JOSHI, J.) LRS