1 BA 1332-2011 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1332 OF 2011 Adil Yusuf Khatri .Applicant V/s. The State of Maharashtra .Respondent Mrs.Anjali Patil, Advocate, for the Applicant Mrs.P.P.Bhosale, APP, for the Respondent - State CORAM : R.C.CHAVAN, J. DATE : 6TH SEPTEMBER, 2011 P.C. . Heard the learned Counsel for the respective parties. 2. This is an application for bail by accused, who has been charge sheeted before the learned Metropolitan Magistrate for the offences punishable under Sections 448, 325 & 333 of the Indian Penal Code in C.R.No.408 of 1998 registered with Vile Parle Police Station. The applicant had been admitted to bail by the learned Magistrate during the 2 BA 1332-2011 course of investigation by Order dated 5th November, 1998. However, at the time of filing of charge sheet, a summons was sought to be served. It was received by the mother of the applicant but she failed to inform the applicant. Therefore, the applicant remained absent before the learned Magistrate. Therefore, non-bailable warrant was issued and the applicant was arrested and is in jail since 29th July, 2011. The learned Additional Sessions Judge rejected the application holding that the case is pending before the Magistrate since 1999 and one of the offences is triable by the Court of Sessions. Considering the nature of offences as alleged and the fact that the applicant had been granted bail in course of investigation itself, though the applicant should have remained present before the learned Magistrate after the summons was received by his mother, his continuance in custody pending the trial may not be necessary. Applicant be released 3 BA 1332-2011 on bail on his furnishing P.R.Bond of Rs. 10,000/- with one or more solvent sureties in the aggregate sum of Rs.10,000/- till the trial is over. Any default on the part of the applicant to remain present before the Court would entitle the learned Magistrate to have the applicant remanded to custody till the trial is over. 3. Bail Application stands disposed of. (R.C.CHAVAN, J.)