1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.196 OF 2010 Vilas S/o.Narhari Raut, Age-32 years, Occu-Business, R/o.Sumedh Nagar, Nanded, APPLICANT VERSUS State of Maharashtra, RESPONDENT Mr.T.W.Pathan, learned counsel for applicant. Mr.B.J.Sonwane, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 10/02/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on bail in connection with Crime No.204/2002, registered at Bhagyanagar Police Station, Nanded, bearing RCC No. 7/2003, pending on the file of J.M.F.C. Nanded for the offence punishable u/s. 307 r/w. 34 of IPC, which is now committed to the court of Sessions. 2. Heard learned counsel appearing for the applicant, followed by the submissions of learned APP appearing for the State. 2 3. It appears that the present applicant was initially released on anticipatory bail. But he was never arrested by the police agency. The order of anticipatory bail will come into play in the event of arrest and not otherwise. It is pertinent to note from the order of the lower court, wherein it is observed that initially summons was served against the applicant, but in response to the said summons, he did not appear before the Court. Hence NBW was issued against him and on execution of the NBW, he came to be arrested and was produced before the Court. Thereafter, the bail petition filed by him was rejected. This NBW came to be executed on 16/11/2009, and his bail petition was rejected on 07/12/2009. Hence the present bail petition. 4. To test the observations of the Trial Court that the applicant failed to appear before the Court instead of due service of summons. To verify these observation, called the record of the trial court in connection with this case. But I failed to find out that in reality the summons was served on applicant which he failed to honour and to appear before the Court. Hence NBW was issued against him. As no summons appeared to be served on the applicant, the exercise of issuance of NBW and to arrest the applicant is the exercise carried out by the trial court without following the due procedure. 5. In the premise, without entering into the merits, the application require following order : 3 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 PR bond in the like amount. 3. The bail bond to be furnished before the trial court. 4. After released on bail, the applicant to attend the Court of Additional Sessions Judge, Nanded, where the session trial is pending without fail and to attend all the dates. 5. Registry to send back the R & P to the lower court immediately. (A.V.POTDAR, J.) khs/FEB 2010/cri.appl.196-10