{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4267 OF 2009 Balaji Pandit Kale APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr.J.M.Murkute, Advocate for applicant Mrs.Yogita M.Kshirsagar, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 5th January 2010 PER COURT: 1. By the present application, the applicant has approached this Court for his release on bail in connection with CR No.119/2003 registered with Parali Vaijinath police station for an offence punishable u/s 395 r/w 34 of the Indian Penal Code. 2. Heard learned counsel for the applicant followed by the submissions of learned APP. 3. Present application is an exception to the regular applications. It appears that the applicant was arrested somewhere in the year 2007 in connection with this offence. Thereafter, he was released on bail vide order dated 20.10.2007 by the Ad Hoc Additional Sessions Judge-3. While granting bail to the present applicant, certain conditions were imposed on him viz not to {2} tamper the prosecution witnesses and not to leave local jurisdiction of the said Court. It further appears that After the applicant was released on bail, he never turned up to the Court of law. Therefore, initially, bailable warrant was issued against him, which remained unexecuted. After taking necessary steps the bail order granted earlier, came to be recalled and Non bailable warrant came to be issued against the applicant. It also appears that on execution of the said NBW, the present applicant came to be arrested and produced before the Court on 7th September 2009. It further appears that as this applicant was absconding, the trial could not be committed to the Court of Sessions and the same is pending for committal order since 2003 and later on since 2007. 7. The bail is granted to the accused with an intention to safeguard his liberty however the same is not to be misused. This is a case where the applicant has misused the liberty, which was granted to him, by releasing him on bail. As the applicant was absconding for a very long period, trial against the remaining accused could not proceed further for years together. In the premise, no case is made out to release the applicant on bail. 8. In the result, the application, which is sans merits, stands rejected. [A.V.POTDAR, J.] drp/A10/criapln4267-09