jpc ba1231-11.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1231 OF 2011 Amit Ramesh Ganatra ... Applicant Versus The State of Maharashtra ... Respondent Mr. H.S. S. Murthy i/by Mr. Ashutosh A. Singh for the applicant Mr. J. P. Kharge, APP for the State CORAM:- A.M. THIPSAY, J. DATED :- 4th August, 2011. P.C. : 1. Heard Mr. Murthy, the learned advocate for the applicant and Mr. Kharge, the learned APP for the State. 2. The applicant is an accused in a case which is registered in respect of the offences punishable under section 332 of the Indian Penal Code (IPC) read with section 34 IPC. The applicant was released on bail but did not remain present before the Magistrate regularly. Warrant of arrest was issued to procure his presence. The applicant went for cancellation of the warrant, but the Magistrate, instead of cancelling the warrant, rejected the said application and took the applicant in custody. He refused to release the applicant- and even the other accused in the case- on bail on the ground that they had misused the liberty. The Court jpc ba1231-11.sxw 2 of Sessions also expressed the same opinion. 3. Though it appears that the applicant had committed breach of the bond executed by him, considering all the relevant aspects of the matters and the duration for which the trial has been pending; and the fact that the applicant assures to remain present on all dates of hearing as may be fixed in future, I am inclined to give one more opportunity to the applicant of availing of liberty. This is, however, subject to the forfeiture of the previous bond and the penalty that may be recoverable in that regard. 4. The application is allowed. 5. The applicant is ordered to be released on bail in the sum of Rs. 15,000/- (Rupees fifteen thousand) with one surety in like amount, or two sureties in the sum of Rs.7500/- each, or cash in lieu of surety. (A.M. THIPSAY, J.)