1 WP 2492.11.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL WRIT PETITION NO. 2492 OF 2011 Mr. Sanjay Raghunath Bobde. ... Petitioner. V/s. The State of Maharashtra. ... Respondent. Mr. Vivek Salunke for the Petitioner. Mrs. M.M. Deshmukh, APP for the State. CORAM : K.U. CHANDIWAL, J. DATED : 28th SEPTEMBER 2011. P.C. :- Heard. 2. Report of Police taken on record. Leave to carry out necessary amendment in the Petition permitted. 3. Applicant Mr. Sanjay was a surety for the absconding accused Rohidas Anant Chorghe in Sessions Case No.487 of 2008, which was indeed a bail for temporary period of one day and further extended by three days. It is informed by the learned Superintendent of Yerawada Central Prison dated 8th January 2011 that Rohidas has surrendered on 22.12.2010. The learned APP accepts this position. 4. By order of this Court dated 15th December 2010, said 2 WP 2492.11.sxw Rohidas was permitted to report back to the Jail on 22nd December 2010. He surrendered as stated earlier on 22nd December 2010 and he was taken to Sassoon General Hospital, Pune for further medical treatment on 5th February 2011 with Police escort. However, Accused Rohidas Chorghe escaped from the custody of the Police escort of Sassoon General Hospital, Ward No.35 at about 4.30 p.m. 5. Taking these aspects into consideration, it is clear, role of the present Applicant - Sanjay as a surety was limited in any event upto 22nd December 2010 and it could not be extended for the subsequent period and events. Said Rohidas has absconded after he was taken by the Police concerned to Hospital. Consequently, the notice issued to the Applicant and the order of the learned Additional Sessions Judge dated 6th August 2011 directing the Applicant to execute a P.R. Bond of Rs.50,000/- to appear before the Court so long as his surety slip is discharged and he was also directed to produce the Accused before next date, calls for interference. 6. In the fact situation, such directions could not have been issued on the Applicant as a surety for past events on 22nd December 2010. The Application allowed. (K.U. CHANDIWAL,J.)