{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2799 OF 2010 Bhagwat s/o Ramchandra Khoje APPLICANT VERSUS The State of Maharashtra & Another RESPONDENTS ....... Mr. A.B.Gaikwad, Advocate for the applicant Mr. K.S.Patil, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 16th August 2010 PER COURT: 1. By the present criminal application, the applicant has prayed to release him on bail, as he had jumped the bail he is taken in custody in 24.06.2010 and as his bail application is rejected by the Special Court. 2. Heard learned counsel for the applicant followed by learned APP. 3. Undisputedly, the applicant was released on bail in connection with Special Case No.78/2008 filed under the {2} Electricity Act, on 26.06.2008. It is informed that in the said case, after completion of investigation, charge sheet was filed on 24.10.2008. It is contended that as the applicant did not attend the court on 28th November 2009, warrant was issued against him, which was executed after a span of 7 months and he came to be arrested on 24th June 2010. Thereafter, it is informed, charge is framed against the applicant and others. In the said special case there are 28 accused persons against whom there is charge of electricity theft to the tune of Rs.4,77,860/- and theft against the applicant is alleged of Rs.25,920/-. According to learned counsel for the applicant, evidence in the said special case is over and statement of the applicant u/s 313 of the Criminal Procedure Code is recorded on 11th August 2010. It is contended that as innocently, the applicant remained absent and hence taken in custody, therefore, prayed for bail. 3. Learned APP opposed the bail application. 4. Though after release on bail, for a considerable period the applicant has not attended the court, which resulted into issuance of warrant and it took 7 months to execute the same, yet considering the fact and nature of allegations against the applicant, the applicant deserves to be enlarged on bail. 5. In the result, the application is allowed. The applicant be released on bail on his furnishing solvent surety in the sum of {3} Rs.20,000/- and on executing PR bond in the like amount, if not required in any other offence. Application stands disposed of accordingly. [A.V.POTDAR, J.] drp/B10/criapln2799-10