1 crap2871.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 2871 OF 2011 IN CRIMINAL APPEAL NO. 219 OF 2011 Hamid s/o Usman Bagwan ...Applicant/Appellant (Original accused) VERSUS Shri Swami Samarth Nagari Patsanstha Maryadit, Ahmednagar ...Respondent (Original Complainant) ..... Shri B.N.Palve, advocate for applicant/appellant Shri K.N.Lokhande, advocate for respondent ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 11 th July, 2011 PER COURT : 1 Heard learned counsel for the parties. 2 This is an application preferred by the applicant 2 crap2871.11 (original respondent) seeking permission to furnish fresh bail as per order, dated 19.4.2011 and also prayed for recalling the order of issuance of bailable warrant against the applicant as per order, dated 30.6.2011. 3 The applicant contends that by order dated 19.4.2011, after hearing the parties, this Court granted leave to the complainant to file appeal, challenging the judgment and order, dated 15.2.1010, rendered by the learned Judicial Magistrate, First Class, Court No.1, Ahmednagar in S.T.C. No. 256 of 2007 and also admitted the appeal on the said date and the learned advocate Shri Palve waived the service of notice after admission. Moreover, the applicant also contends that this court directed the applicant herein (original accused) to furnish same bail, but to execute fresh bond before the Trial Court within the period of four weeks. 4 However, it is the contention of the applicant that when he approached the Trial Court for furnishing the bail, writ from this court was not received by the learned Trial Court, and therefore, the applicant could not furnish the bail within the prescribed period, and consequently, the order of issuance of bailable warrant came to be passed by this court on 30.6.2011. 3 crap2871.11 Hence, the applicant has preferred the present application for prayers as set out therein, which are mentioned herein above. The applicant further contends that he is ready and willing to furnish fresh bail as per afore said application, and hence, present application deserves to be allowed. 5 Considering the contents of the application and considering the position that the applicant is ready and willing to furnish fresh bail, present Criminal Application is required to be allowed in the interest of justice. 6 In the result, present application is allowed and the bailable warrant issued against the applicant, as per order, dated 30.6.2011 be recalled and the applicant is permitted to furnish fresh bail as per order dated 19.4.2011 before the trial Court, within the period of two weeks and present application stands disposed of accordingly. (SHRIHARI P. DAVARE), JUDGE. dbm/crap2871.11