1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4046 OF 2009 Pralhad S/o.Vishnu Lahane APPLICANT VERSUS The State of Maharashtra RESPONDENT Mr.A.B.Bhandari, h/f. Mr.R.M.Pardeshi, learned counsel for applicant. Mr.N.R.Shaikh, learned APP for respondent/State (CORAM : A.V.POTDAR, J.) DATE : 03/12/2009 PER COURT : 1. By the present application, the applicant is praying to release him on bail in connection with CR No.14/1997, registered in Badnapur Police Station, now registered as RCC No.76/2008 for the offence punishable u/s. 7(i)(d) of The Protection of Civil Rights Act, u/s. 3(i)(x) of The SC and ST Act and u/s. 323, 504 of The IPC. 2. Heard learned advocate appearing for applicant followed by the submissions of learned APP for State. This is not an application wherein for the first time, the applicant has approached this Court for his release on bail, but this is a case where the applicant was already released on bail by the competent court of Law, but as the 2 trial was not committed to the Court of Sessions/ The Special Court for its trial, the applicant has not attended the Court where RCC No. 76/2008 is pending for the period of 5 years, resulted in issuance of NBW and on execution of NBW, he is taken in custody. 3. It is tried to urge that it may not take that deliberately the applicant has not attended the Court. When it is a fact that the applicant has not attended the Court for a long period of 5 years, resulted in issuance of NBW, now it is urged that the applicant is ready to face the trial and to give attendance in the Court when ever required. Applicant was released on bail with an intention that the applicant may face the trial and will not misuse the liberty granted to him. When the applicant has already misused the liberty and not for one or two occasion, but for the continuous period of 5 years which is an example as to how the liberty given was misused at the hands of applicant, applicant is not deserving for any order in his favour. In the premise, following is the order. O R D E R 1. Application stands rejected. 2. J.M.F.C. Badnapur is hereby directed to commit the case RCC No.76/2008 to Court of Sessions/Special Court forthwith. 3. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/DEC 2009/cri.appl.4046-09