1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.36 OF 2010 Harkya S/o.Niralya Bhosale, Age-21 years, Occu-Labour, R/o.Zapewadi, Tq.Shirur (K), Dist. Beed APPLICANT VERSUS The State of Maharashtra, RESPONDENT Mr.A.M.Gaikwad, learned counsel for applicant. Mr.N.R.Shaikh, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 29/01/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on bail in connection with CR No.108/2008 registered in Patoda Police Station on 14/10/2008, wherein the present applicant came to be arrested on 08/11/2009. As according to prosecution, present applicant was shown as absconding and came to be arrested, have approached this Court for his release on regular bail in which after investigation is completed, charge sheet is filed. 2. Considering the submissions across the bar, it can not be disputed that the applicant has assaulted on injured Bhaginath as they were returning to their village after they visited a temple of Gomalwada. It is alleged that when the injured alongwith his wife Sangita were returning, applicant alongwith two persons stopped them and the present applicant 2 with knife in his hand, gave the knife blow on the abdomen which causes injury 3 x 1 x 3 inch. According to the applicant, he was very well available in the area, but frequently shown as absconding, and not arrested. Considering the fact that the incident took place in the hilly area, and the applicant is from the Nomadic Tribe, there is some substance in the submissions of learned APP, but still the fact remains that no record is coming forth to show the steps taken by the prosecution agency to secure the presence of the applicant who is shown as absconded accused and i.e. for more than one year. Considering the aspect that other two applicants are released on bail, who were arrested in connection with this crime, and the land is given by the government to the present applicant also, then the submissions of learned APP that he will abscond and will not face trial is a mere apprehension. Hence the applicant is entitle to be enlarged on bail by putting certain conditions, hence order : O R D E R 1. Application is allowed. 2. Applicant be released on bail on furnishing surety in the sum of Rs. 15,000/- and on executing the PR bond in the like amount. 3. After released on bail, applicant to give attendance in Patoda Police Station on every fortnight i.e. on 14 th and 29 th day of each month till conclusion of trial against him. 4. Application stands disposed of with these directions. (A.V.POTDAR, J.) khs/JAN 2010/cri-appl-36-10