1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.199 OF 2010 Sk.Shadulla S/o.Sk.Yusuf, Age-40 years, Occu-Labour, R/o.Nandigram Society, Nanded, Tq. & Dist. Nanded APPLICANT VERSUS The State of Maharashtra RESPONDENTS Mr.M.M.Nerlikar, learned counsel for applicant. Mr.N.R.Shaikh, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 24/02/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on bail in connection with CR No.167/2002 in which earlier the applicant was released on bail, but as he failed to attend the court after his release, initially the warrants were tried to be executed on him, as well as summons were also tried to be served on him, but were not reported to be served. Lastly on execution of NBW, he came to be arrested on 31/08/2009. Thereafter he applied for his release on bail, which was rejected, hence he is before this court. 2 2. Considering the observations of the Trial Court in MCA No. 826/2009, particularly the order dated 27/10/2009, wherein there are specific observations that even though the applicant was granted bail, it appears that he jumped the bail and did not remain present before the trial court The trial court had issued warrants after warrants and inspite of execution of warrant, the applicant failed to appear before the Court. Hence he was arrested under the NBW. To verify this fact, the original record from trial court was called for. Perusal of this record shows that because of "Bandobast" duty, the police have not executed the warrant and even though summons was not served upon him. Considering this aspect, it can not be said that, the applicant is at willful default to remain present before the Court. Considering the facts, it reveals that the NBW was issued without following the due procedure of law. Hence the application is liable to be allowed. Hence order : 1. Application is allowed. 2. Applicant be released on bail on furnishing solvent surety in the sum of Rs.30,000/- and on executing PR bond in the like amount. 3. After released on bail, applicant to attend all the dates before the court concerned regularly. Failing which, prosecution is at liberty to apply for cancellation of bail. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/FEB 2010/cri-appl-199-10