1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 3723 OF 2011 Prakash s/o Namdeo Wagh ...Applicant VERSUS The State of Maharashtra ...Respondent ..... Shri S.S.Patunkar, advocate for applicant Shri B.V.Wagh, A.P.P. for respondent ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 14th September, 2011 PER COURT : 1 Heard learned counsel for the parties finally. 2 Present application has been preferred by applicant seeking fresh bail in connection with C.R. No. 153 of 2004, registered at Dhule City police station, under R.C.C. No. 239 of 2005, pending before the Judicial Magistrate, First Class, Court No.6, Dhule, for offences punishable under Sections 420, 406, 2 465, 468, 470, 471 r/w 34 of the Indian Penal Code. 3 It appears that initially the applicant was arrested by police personnel on 17.10.2004 under C.R. No. 153 of 2004, registered at Dhule City police station, for the afore said offences and thereafter he was released on bail and R.C.C. No. 239 of 2005 was registered against him and same was pending before the learned Judicial Magistrate, First Class, Court No.6, Dhule for adjudication purpose. However, the applicant remained absent before the said court, and hence, non-bailable warrant was issued against him and same was executed by police personnel and he was arrested on 10.8.2011 and produced before the court. 4 The applicant preferred application for bail on 10.8.2011, before the learned 6th Judicial Magistrate, First Class, Dhule, but same came to be rejected by the said court, on the ground that offence under Section 467 of the Indian Penal Code is serious. Thereafter, the applicant preferred application for bail before the learned Additional Sessions Judge, Dhule, but same also was rejected by the said court by order, dated 3 16.8.2011, observing that the applicant has jumped the bail and it was risky to release the applicant on bail. Hence, the applicant has approached this court by filing the present application. 5 Admittedly, the applicant was released on bail earlier, and therefore, the applicant deserves to be enlarged on fresh bail in present application. However, simultaneously, stringent conditions are required to be imposed upon the applicant to ensure his presence for trial while granting fresh bail to him. 6 Hence, present application is allowed and it is directed that the applicant be released on fresh bail on furnishing P.R. bond in the sum of Rs. 25,000/- with one surety in the like amount, in connection with C.R. No. 153 of 2004, registered at Dhule City police station, and under R.C.C. No. 239 of 2005, pending before Judicial Magistrate, First Class, 6 th Court, Dhule, on the following conditions :- (i) After release on fresh bail, the applicant shall give attendance before the Incharge of Dhule City police station once 4 in a month i.e. on every first Monday of each month, till disposal of the trial. (ii) The applicant shall appear before the learned Trial Court on 26.9.2011, to enable the learned Trial Court to make further progress in the trial, in accordance with law and the applicant shall attend the dates of the case before the Trial Court punctually and scrupulously. 7 The present application stands disposed of finally. 8 The above observations are prima facie in nature and shall be restricted to this order only and shall not be used in any other matter while deciding it on merits. (SHRIHARI P. DAVARE), JUDGE. dbm/crap3723.11