1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2687 OF 2010 Ramdas s/o Parshuram Rahane age 36 years, occ. Agri r/o Bharitkarmala New Akola road Sangamner, Tq. Sangamner Dist. Ahmednagar Applicant VERSUS The State of Maharashtra Respondent Mr. R.K. Temkar, advocate for the applicant. Mrs. V.A. Shinde, A.P.P. for the Respondent. CORAM : A.V.POTDAR, J. DATE : 18 th August, 2010. P.C.: 1 By the present application, applicant is seeking his release on bail in connection with Crime no. 100/04 in which he came to be arrested on 27 th July, 2004 in which after completion of investigation, charge sheet was filed in the court of Judicial Magistrate, First Class, Sangamner in the month of November 2004. 2 After passing the requisite committal order, trial was committed to the 2 court of Additional Sessions Judge, Sangamner and numbered as Sessions Case no. 25/2005. 3 Heard Mr. Temkar learned counsel for the applicant and Mrs. Shinde, learned APP for the State. Perused the papers of investigation which show alleged charge against the present applicant is for the offences under section 307, 323 and 506 of the Indian Penal Code r/w section 3(1)(5) of the Indian Arms Act. The papers show that after framing of charge trial commenced somewhere in the year 2008. Initially, three witnesses were examined till the year 2008. Thereafter trial against the applicant deferred as the very person is required in MCOC trial before the Special Court at Nasik. Said trial ended in acquittal. But as the applicant is an accused in Sessions Case no. 25/2005, he was not released. It is informed that since the year 2008, as another accused in this case who is on bail is absconding, there is no progress in the trial. 4 Considering the offences alleged against the applicant and others, the major offence is under section 307 of the Indian Penal Code. Even if this offence stands proved against the applicant, the maximum punishment for the same is for 10 years. Since the year 2004, the applicant is in custody. 3 Considering this aspect, as till date the application is behind the bar, without entering into the merit of the case, application deserves following order : ORDER A Application is allowed. B Applicant be released on bail on furnishing surety for the sum of Rs.20,000/- on executing PR bond in the like amount. C As there is no progress in the trial, applicant not to leave local jurisdiction of Sangamner police station till final disposal of the trial, without previous permission in writing from the concerned Investigating Officer / Police Station In-charge, Sangamner police station. D Application stands disposed of accordingly. ( A.V.POTDAR ) JUDGE dyb/criappln2687.10.odt