IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.200 OF 2008 CRIMINAL APPLICATION NO.200 OF 2008 CRIMINAL APPLICATION NO.200 OF 2008 Bharat Machindra Khaire alias Bharya .. Applicant. Versus The State of Maharashtra .. Respondent. Mr.N.R.Bubna for applicant. Ms.Alta Zaveri, A.P.P. for respondent - State. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. DATED : 21st April, 2008. DATED : 21st April, 2008. DATED : 21st April, 2008. P.C.: P.C.: P.C.: 1. Heard Mr.Bubna appearing for the applicant and Ms.Zaveri for the State. 2. The applicant is concerned in C.R.No.I-146 of 1997 of Chhavani police station, Malegaon. It appears that he remained absent on 4.10.2007 for which non bailable warrant came to be issued which came to be executed on the next date. The learned Trial Judge rejected the application for bail on the ground that on one occasion in the past also, the applicant had remained absent. It appears that this absence of the applicant on two occasions has weighed in the mind of learned Trial Judge and hence the learned Trial Judge has rejected the bail application. It is to be noted that the applicant is in custody for last 5 months and the case pertains to the year 1998. In my view, the applicant can be granted bail by increasing the amount of bail from Rs.10,000/- to Rs.15,000/- and he can also be directed to attend the concerned police station on 2nd Saturday of every month till 30.10.2008 between 11.00 a.m. and 5.00 p.m. Hence, I pass the following order :- a) The bail application is granted. It is hereby ordered that the applicant be released on bail in C.R.No.I-146 of 1997 of Chhavani police station, Malegaon in the sum of Rs.15,000/- with one surety in the like amount. Applicant to execute P.R.Bond in the sum of Rs.15,000/-. Applicant to report to Chhavani police station on 2nd Saturday of every month between 11.00 a.m. and 5.00 p.m. till 30.10.2008 and shall co-operate with the investigating agency. b) The order of bail will be given effect only after the applicant furnishes to the investigating officer the details about his place of residence and address where he proposes to stay after he is enlarged on bail. The applicant will not change his residential address thereafter till the conclusion of trial without prior intimation to the investigating officer. c) The applicant shall not directly or indirectly, make any inducement or threat or pressurise any prosecution witnesses and shall not in any manner tamper with the prosecution evidence. d) It is needless to mention that breach of any of the conditions by the applicant shall result in cancellation of bail. e) Any observation made in this order shall not be construed as finding or expression on merits of the case at the time of trial. 3. Application stands disposed of accordingly. (R.Y. GANOO, J.) (R.Y. GANOO, J.) (R.Y. GANOO, J.)