1 Cri.Appln.No.1286/2011 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1286/2011 (Ramesh Uttam Gapat (Patil) Vs. The State of Maharashtra ) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mrs. MA Kulkarni, Adv. for Applicant; Mr. KS Patil, APP for State. *** CORAM: K.U.CHANDIWAL ,J. DATE : 24 th March, 2011. ... 1) Heard learned Counsel extensively. 2) The applicant/accused no.6 is in custody in Sessions Case No.5/2010 before the learned Sessions Judge at Osmanabad, seeks bail, as based on Non-Bailable Warrant (NBW), he was taken in custody. 3) The accused/applicant submits, he was forbidden to response attendance in the court owing to his ill-health, which has been supported by medical certificate produced before the learned Sessions Judge. 4) The grievance of learned Counsel is, the learned Sessions Judge released the other accused Nos.1, 2, 4, 5, 7 to 12, who were also absent when the matter was called, similar treatment was expected to release the applicant/accused on bail. I find substance in it. 2 Cri.Appln.No.1286/2011 5) The grounds assigned by the learned Judge with another Sessions Case No. 55/2009, in which there are two under- trials is to be taken up with this case, is certainly a good gesture, however, for that purpose, custody of the accused/applicant is not desirable, as his presence as accused no.6 can well be secured. Consequently, the application, rejecting to release on bail by the learned Sessions Judge calls for interference. The application is allowed. 6) The accused/applicant – Ramesh Uttam Gapat (Patil) be released on his furnishing a PR bond and a surety in the sum of Rs.15,000/- (Rupees fifteen thousand) with fresh PR bond. 7) The accused/applicant to pay fine of Rs. 1,000/- (Rupees one thousand) before the learned Sessions Judge on the next date after his release. 8) The accused shall scrupulously attend the court proceedings and shall not claim exemption on unreasonable grounds. 9) Criminal Application allowed as above. 10)Authenticated copy permitted. (K.U.CHANDIWAL) JUDGE bdv/