- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATIONS NOS.4469/2010 & 4470/2010 CRIMINAL APPLICATION NO.4469/2010 Manoj s/o Keshav Gaikwad, age 25 yrs., occu.labour, r/o Newasa Tq.Newasa Dist.Ahmednagar. ...Applicant.. Versus The State of Maharashtra, through Shrirampur City Police Station, Taluka Shrirampur Dist.Ahmednagar. ...Respondent... ..... Shri S.S. Deshmukh, Advocate for applicant. Shri N.B. Borade, APP for respondent. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- CRIMINAL APPLICATION NO.4470/2010 Names of parties and appearance of counsel are same as above. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= - 2 - CORAM: P.V. HARDAS, J. DATE: 27.10.2010 PER COURT : 1] Heard learned counsel for the parties. 2] Since the orders impugned in these applications are similar, both these applications are being decided by this common order. 3] The present applicant, who is an accused in Crime Nos.69/2007 and 71/2007 for offence punishable u/ss.307, 143, 147, 148, 149, 337, 323, 504 and 506 of the Indian Penal Code, seeks his enlargement on bail. 4] It appears that the applicant came to be released on bail by the Sessions Court at Shrirampur. However, during the proceedings prior to committal of the case to the Court of Sessions, the applicant remained absent on 9.4.2009. The learned Magistrate, therefore, issued non-bailable warrant and cancelled bail of the present applicant by order dated 9.4.2009. The applicant thereafter submitted an application before the Sessions Court surrendering to the jurisdiction of the Court and praying for his release on bail. The Sessions Court, however, by the common order dated 18.10.2010, which is assailed in the present applications, rejected his application on the ground that the applicant had jumped bail and the applicant had not given details about the date of demise of his grand parents and - 3 - had not produced the extract of record of birth and death register. 5] In the light of the fact that the applicant had earlier attended the hearing before the Magistrate diligently and was absent only on one occasion and had shown sufficient cause for his absence, I am inclined to allow this application. Accordingly, this application is allowed and the applicant is directed to be released on bail on the applicant executing a P.R. Bond in the sum of Rs.20,000/- in each of the cases and furnishing solvent surety in each of the cases to the satisfaction of the Sessions Court, Shrirampur. The applicant shall diligently attend the dates of hearing of the sessions trial pending on the file of the Sessions Judge at Shrirampur. The applicant shall ensure that he does not in any manner tamper with the prosecution evidence or attempt to influence the prosecution witnesses. (P.V. Hardas, J.) ndk/cr27101013