1 BA : 1748/2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1748 OF 2011 Shri Hasan Khan Hyder Amrohi Khan .... Applicant Vs. The State of Maharashtra .... Respondents Mr. A.H.H. Ponda for applicant. Mrs. A.A. Mane, APP for State. Coram : Smt. R.P.SondurBaldota, J. Date : 5th December, 2011 P.C. 1. The applicant herein is the accused in C.R. No.935 of 1988 registered with Bandra Police Station for the offences punishable under Sections 324, 366, 452, 354, 506 (II) and 114 of Indian Penal Code. He was arrested in the year 1988 and had been immediately released on bail. It appears that thereafter the police filed charge-sheet in the Court in the absence of the applicant. Since the applicant was not aware of filing of the charge-sheet, he did not attend to the Court. The matter therefore 2 BA : 1748/2011 proceeded in his absence by issuance of bailable warrant, then non bailable warrant, thereafter a proclamation and transfer of the proceedings to the dormant file. The applicant claims to have learnt about the proceedings pending against him and surrendered before Bandra Police Station on 3rd October 2011. Thereafter when he was produced before the learned Metropolitan Magistrate, he moved an application for bail, which was rejected. His application before the Sessions Court also came to be rejected. Therefore, he has filed the present application before this Court. 2. Mr. Ponda, the learned Counsel for the applicant submits that had the applicant known about the proceedings pending before the Court, he would have attended the Court. The applicant claims that since the year 1988 he has been residing at the same address as mentioned in the complaint. In the year 1990, there were civil proceedings filed against him showing the same address in the cause title of the plaint. There are several other documents indicating his residence at the address produced by the applicant. The documents produced indicate that the applicant was in fact residing at the address. Mr. Ponda states that the applicant will regularly attend every date before the trial Court until completion of the proceedings against him. Considering the facts of the case, the application is allowed. Hence, the order: 3 BA : 1748/2011 O R D E R (i) The applicant be released on bail in C.R. No.935 of 1988 registered with Bandra Police Station in a sum of Rs.10,000/- (Rupees Ten thousand only) with one solvent surety in the like amount. (ii) The applicant shall remain present before the Court of learned Metropolitan Magistrate on 14th December 2011 and on each subsequent date without fail. In case of any change of the address, the applicant shall inform the Investigating Officer, in advance. (iii) He shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him for disclosing such facts to the Court or to any Police Officer. (iv) The applicant shall not leave India without the previous permission of the Court. (Smt. R.P. SondurBaldota, J)