1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO.777/2009 Pankaj Yashwantrao Bandhiya ...Versus... State of Maharashtra, through PSO, Police Station, Nandanvan, Nagpur -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- [Shri A.K. Bhangde, Adv. for applicant] [Shri P.D. Kothari, APP for non-applicant] CORAM:- A.B. CHAUDHARI, J. DATED :- 26.02.2009 This is an application for grant of bail, filed by the applicant. The applicant herein is in custody by virtue of the order dated 2.2.2009 made by this Court in Criminal Application No.125/2009, whereby the bail granted to the present applicant stood cancelled. Now by filing the present application, learned Counsel for the applicant contends that the applicant is required to appear for 10th standard examination of the Board from Janata High School, Jalalkheda Centre, District : Nagpur with Roll No.J-123602. In support of this contention, learned Counsel for the applicant produced time table of the examination and 2 stated in paragraph No.6 on affidavit in the application about the fact regarding holding of examination. He also submits that practical examinations are going to be held in the school from 2nd March to 4th March, 2009. The applicant has been lodged in Central Prison, Nagpur as under trial. Since he wants to appear from Jalalkheda Centre, State cannot be burdened with the charges for to and fro journey between Jalalkheda and Nagpur. This Court is inclined to allow him to appear for examination and in particular on the dates mentioned in the time table and for practical examination only under police custody. The Commissioner of Police, Nagpur or Subordinate Officer shall determine expenditure for to and fro journey and police security, required by the State for taking the applicant to the examination centre on all dates, which he wants. Upon arriving at the figures of expenditure, the applicant shall deposit the said amount in advance for the entire period of examination with the Government and it is only thereafter the facility of taking the applicant to the centre of examination and travelling to and fro shall be extended. On 2.2.2009, I had made an order directing the trial Court to complete the trial by 13.4.2009. Hence, applicant shall file undertaking in the trial Court forthwith as under : 3 “That he would not dispute his identity as the perticular accused in the case, and that a Counsel on his behalf would be present in the Court and that he has no objection in taking evidence in his absence.” If such undertaking is not filed on or before 04.03.2009, this order shall come to an end. This arrangement shall be applicable from 02.03.2009. After examination is over, the applicant shall be taken in custody and lodged in jail as usual. Criminal Application is disposed of. Steno copy of this order be supplied to the parties as per rules. JUDGE ssw