1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1553 OF 2010 IN/WITH CRIMINAL APPEAL NO. 36 OF 2004 Shrirang s/o Pandharinath Gujar and 12 others ...Applicants Versus The State of Maharashtra ...Respondents ..... Mr. B.R. Kedar, advocate for the applicants Mr. B.J. Sonwane, A.P.P. for respondent ..... CORAM: S.B. DESHMUKH & S.S. SHINDE, JJ. DATED: 5TH MAY, 2010 PER COURT:- 1 We heard Mr. Kedar, learned counsel for the applicants and Mr. Sonwane, learned A.P.P. for the respondent-State. 2 To appreciate the submissions made on behalf of the parties, we have seen the record of criminal appeal No. 36 of 2004. It appears from said record that total 14 accused persons were charged and tried for the offences punishable under Section 147, 148, 302 and 307 r.w. 2 149 of I.P.C. in Sessions Case No. 94 of 1995. The learned Ist Adhoc Additional Sessions Judge, Jalna, by judgment and order dated 11.9.2003, after hearing the parties, acquitted all accused persons i.e. total 14 persons for the offences punishable under Sections 147, 148 of I.P.C. under section 302 r.w. Section 149 and 307 r.w. Section 149 of I.P.C. 3 The State, being aggrieved and dissatisfied with the judgment and order of acquittal of 14 accused persons, preferred criminal appeal No. 36 of 2004. The said Criminal Appeal was filed in the month of March, 2004. This Court, after hearing the parties has admitted the appeal on 16.4.2004 and has directed action under Section 390 of Cr.P.C.. It was further directed that all accused will appear before the trial court on 3.5.2004, whereupon the learned Sessions Judge shall release the respondents (accused) on bail on their executing P.R. bond of Rs.10,000/- with one surety for the like amount each. The learned Sessions Judge, Jalna was further directed to fix one day per quarter for appearance of the respondents (accused persons) before the Sessions Court till final disposal of the criminal appeal No. 36 of 2004 by this Court and report compliance. 4 The present application is filed on behalf of 13 accused persons in the Sessions Case. It is made it clear that the present application is 3 not filed on behalf of original accused No.14 Mr. Shankar Gulabrao Gujar. In this criminal application, a statement is made in para 5 that all these applicants had attended the Sessions Court on 3.5.2004 for furnishing the bail. All applicants were told that copy of the writ of this Court was not received by the learned Sessions Court and therefore, they were directed to approach the Sessions Court after some time and/or on receipt of the writ from the High Court. Assurance was also given to them that the Sessions Court would communicate them the date on which they should remain present before the Sessions Court in view of the order passed by the High Court on 16.4.2004. Mr. Kedar, learned counsel also points out that para 7 of the application. The statement is made in the said para that applicants have received notice of this Court for final hearing of the criminal appeal in the month of January, 2010. Thereafter, they approached to counsel Mr. Kedar, on 9.4.2010 and that is how the present application is filed on 15.4.2010 praying for their release on bail on the terms and condition which were imposed by this court by order dated 16.4.2004. Mr. Sonwane, learned A.P.P. points out that the reply affidavit sworn in by Mr. Narayan Chagan Patil, Police Inspector of Ghansavangi police station, District Jalna is filed. 5 This Court has received communication from the Principal 4 District and Sessions Judge, Jalna on 26.4.2010. It bears outward No. 1571 of 2010. It appears that this communication has been received by this Court on 30.4.2010. It has been communicated to the Registry of this Court by the learned Principal District and Sessions Judge, Jalna that his office did not receive the letter vide criminal B.D. No. 10164/2009 dated 7.12.2009. According to this communication, on enquiry it was revealed that learned Principal District and Sessions Judge that no such arrest warrant was received by his office and there is no incoming entry found in the concerned writ register. 6 We have seen the original order passed by this court on 16.4.2004. The present applicants are not at fault. According to the learned counsel for the applicants, the applicants were and are ready to act upon the order passed by this Court on 16.4.2004. It is unfortunate that the order passed by this Court on 16.4.2004, directing the respondents to remain present before the Principal District and Sessions Judge on 3.5.2004 has not been received. In view of the communication by the learned Principal District and Sessions Judge, Jalna, dated 30.4.2010, we direct the Registrar (Judicial) of this Court to initiate enquiry into the matter and submit detailed report of sending or transmitting writ of this court’s order dated 16.4.2004 to the Principal District and Sessions Judge, Jalna, on or before the adjourned date. 5 7 This Court has already admitted the appeal against the respondents. The present applicants are respondent Nos. 1 to 13 in criminal appeal No. 36 of 2004. On 16.4.2004, this court has directed to release all applicants. In our view, this application deserves to be allowed. We direct the learned Principal District and Sessions Judge, Jalna to release the present applicants on bail as ordered by this Court by order dated 16.4.2004. The only modification, which we now direct is that the applicants to appear before the learned Principal District and Sessions Judge on 10.6.2010 with further direction to the learned Principal District and Sessions Judge that he shall secure the presence of the applicants on quarterly basis from June, 2010 till disposal of the appeal. The 10th June, 2010 shall be the first date of attendance. 8 In addition to this order, we direct the Registrar (Judicial) to serve a copy of earlier order passed by this Court on 16.4.2004, for information of the learned Principal District and Sessions Judge, Jalna and also supply copy of the said order to the present applicants and the respondent-State. 9 Criminal application is allowed and disposal of. We further direct that even if this criminal application is disposed of, in the state of affairs, the report, which we have directed, shall be placed on record in 6 Criminal Appeal No. 36 of 2004 by the Registrar (Judicial) for further consideration by this Court. For the said purpose, though the appeal is admitted, registry to place the Criminal Appeal No. 36 of 2004 on board in order matter category i.e. for filing of the report by the Registrar (Judicial) on 16.6.2010. ( S. S. SHINDE. J.) (S.B. DESHMUKH, J.) rlj/