1 crap3039.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3039 OF 2011 IN CRIMINAL APPEAL NO. 199 Of 2001 _________________________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _________________________________________________________________________________ Shri S.W.Mundhe, advocate for the applicant Shri V.D.Rakh, A.P.P. for respondent ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 14 th July, 2011. PER COURT :- 1 Heard learned counsel for the parties. 2 This is an application preferred by the applicant/appellant seeking fresh bail, pending hearing and final disposal of Criminal Appeal No. 199 of 2001. 3 The applicant/appellant/accused is produced before the Court by the Jail Authorities. 4 It is submitted that the applicant/appellant has filed 2 crap3039.11 Criminal Appeal No. 199 of 2001, before this court, challenging the judgment and order, dated 25.4.2001, of conviction and sentences imposed upon him in Sessions Case No. 192 of 1997. By the said judgment and order, the applicant was convicted for the offence punishable under Section 498A of the Indian Penal Code and was sentenced to suffer R.I. for 3 years and to pay fine of Rs.100/- in default to suffer S.I. for 5 days; and also was convicted for the offence punishable under Section 306 of the Indian Penal Code and was sentenced to suffer R.I. for 5 years and to pay fine of Rs. 200/- in default to suffer S.I. for 15 days; and both the substantive sentences were directed to run concurrently, and the applicant was released on bail of Rs.10,000/- with one surety in the like amount till disposal of said Criminal Appeal. 5 However, the applicant submits that thereafter the advocate appointed by him in present appeal was expired and due to which the applicant could not communicate with him and as such he was not aware about the status of pendency of present appeal, and hence, non-bailable warrant was issued against him on 13.6.2011 and he has been taken into custody and produced before this court on 4.7.2011, and was sent to Harsul Jail and since then, he is in jail. The applicant/appellant submits that his non-appearance before the court was not intentional and deliberate. The applicant 3 crap3039.11 has tendered unconditional apology and seeks for fresh bail. 6 In the circumstances, since the applicant was enlarged on bail earlier, suspending the substantive sentences imposed upon him and since the applicant has put forth the sufficient ground for his non-appearance due to which non-bailable warrant was issued against him, it is necessary to release the applicant on fresh bail, pending hearing and final disposal of Criminal Appeal No. 199 of 2001, in the interest of justice. 7 In the result, present application is allowed and the applicant/appellant – Prakash s/o Namdeo Bhalerao be released on fresh bail on furnishing P.R. Bond in the sum of Rs.10,000/- with one surety in the like amount, pending hearing and final disposal of Criminal Appeal No. 199 of 2001. The bail to be furnished before the Trial Court. The applicant/accused be sent back to jail till furnishing of bail. Criminal Appeal No. 199 of 2001 is posted for hearing on 25.7.2011, and present application stands disposed of accordingly. (SHRIHARI P. DAVARE, J.) dbm/crap3039.11