IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.760 OF 2009 Rekha Ajay Tyagi ...Applicant Vs. The State of Maharashtra ... Respondent --- Shri A.P. Mundargi, Senior Counsel for Applicant Shri D.N.Salvi, Special PP for CBI with Shri Mandar Goswami & Ezaj Khan for Respondent. ---- CORAM: V.M. KANADE J. DATED 18TH FEBRUARY, 2009 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant and the learned APP for the State. 2. The Applicant was granted bail in the year 1997 by the Special Judge, Sessions Court, Greater Bombay and she was released on bail on execution of P.R. Bond in a sum of Rs.10,000/-. It is an admitted position that all the terms and conditions imposed by the Learned Special Judge have been abided by the Applicant for a period of 10 years. Thereafter, however, the Applicant did not report as directed by the learned Special Judge and, therefore, a proclamation was issued on 1.3.2007 and, ultimately, she came to be arrested at Bangalore International Airport on 8.2.2009. It is submitted that the Applicant had gone to Baharain and could not remain present during the said period since she was out of India. 3. It is submitted that the trial is not likely to come up for hearing for quite sometime in view of the chargesheet filed which is very bulky running into hundreds of pages and number of witnesses which are sought to be examined by the prosecution. It is submitted that all the co-accused have been released on bail. It is further submitted that the Applicant was a proprietor of M/s. R.B. Trading Corporation. However, all the business was taken out by her husband and the relations between the Applicant and her husband are strained and, therefore, the husband did not inform her about the proclamation which was issued against her. 4. Explanation given by the Applicant that she had gone to Baharain and that she was not aware about the proclamation which was issued cannot be accepted. Taking into consideration the fact that the Applicant is a lady and that she was attending the Court regularly for a period of 10 years, continued detention of the Applicant during the pendency of the trial, in my view, is not necessary. The Applicant be released on bail subject to following strict conditions being imposed on her. (i) The Applicant be released on bail in Special Case no.62 of 1995 in a sum of Rs.50,000/- with one or two sureties in the like amount. (ii) The Applicant shall furnish cash surety to the tune of Rs.2 lacs., which shall be deposited in the Special Court. (iii) The Applicant shall report to the Sessions Court once in a month. (iv) The brother of the Applicant Shri Lokesh Tyagi in whose house the Applicant is residing shall also execute bond to the tune of Rs.2 lacs. 5. Application is, accordingly, allowed and disposed of. V.M. KANADE J.