1 Criminal Appl.No.2992 of 2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2992 OF 2010 Deepak S/o.Nathuji Raut, Age-45 years, Occu-Service, R/o.At Post Dongaon, Tq.Gangapur, Dist.Aurangabad APPLICANT VERSUS 1. State of Maharashtra, Through its Principal Secretary, Home Department, Mantralaya Mumbai – 32 2. The Commissioner of Police, Mill Corner, Aurangabad, 3. The Police Inspector, Cantonment Police Station, Aurangabad. RESPONDENTS Mr.M.S.Choudhari, learned counsel for the applicant. Mr.S.D.Kaldate, learned A.P.P. for respondents. (CORAM : A.V.POTDAR, J.) DATE : 26/09/2011 ORAL JUDGMENT : 1. Rule. Rule made returnable forthwith. Heard finally by consent of the parties. 2 Criminal Appl.No.2992 of 2010 2. Present application u/s. 482 of the Cr.P.C. is filed against the order passed below Exh.16 by 12th J.M.F.C. Aurangabad in STC No. 2425/2010 dated 22/07/2010,which is an exception to the general practice. 3. Heard learned counsel for the applicant and learned A.P.P. for respondents. 4. It appears that the applicant is arrayed as an accused in STC No.2425/2010, pending on the file of 12th J.M.F.C. Aurangabad. It appears that on the day, when the order was passed, the accused was absent before the Court due to his illness, as it is claimed by the applicant that he is suffering from Jaundice. Accordingly he had filed an application for exemption on that particular day. It appears from the observations in the order, particularly para no.2 that this is the 3rd application filed by the applicant/accused on the ground of illness but was not supported by the medical certificate. It is observed that the plea of the accused was recorded on 25/05/2010 and thereafter on some occasions, the applicant accused remained absent before the Court on the ground of his illness. Due to that, the learned J.M.F.C. got annoyed and forfeited the surety and PR bonds of applicant and issued NBW against him, which appears to be a harsh order at the hands of learned J.M.F.C. as before issuance of NBW by forfeiting the surety and PR bonds, the learned Magistrate ought to have pass the order of issuance of bailable warrant to secure 3 Criminal Appl.No.2992 of 2010 the presence of the accused, but without taking that step, directly the bail bonds of the applicant were cancelled and NBW was issued. Considering the peculiar facts and circumstances, this order required to quashed and set aside. Order of issuance of N.B.W. against the applicant/accused dated 22/07/2010 is hereby quashed and set aside. 5. Rule thus made absolute in the above terms. 6. If no date is given by the Lower Court, the applicant to appear before the Lower Court on 05/10/2011 and to furnish fresh surety bond and to execute fresh PR bond in the like amount as ordered by the Trial Court, when he was earlier released on bail. Thereafter applicant/accused to co-operate the learned J.M.F.C. and to participate in the trial punctually. (A.V.POTDAR, J.) khs/SEPT.2011/cri.appl.2992-10