1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3811 OF 2009 Gurfan Habib Faruqui ........ Applicant versus The State of Maharashtra ........Respondent. Mr. Aiyazkhan with Shailesh Kantharia i/b Jayant J./ Bardoskar adv. for the Applicant Mrs. S.D. Shinde APP. for the Respondent/State. CORAM: A. P DESHPANDE, J. DATED : 15th October, 2009. P. C.: 1. This is an application moved under section 439 of Cr.P.C. for release of the applicant on bail. The present applicant has been charged for commission of offence punishable under section 489(c) read with 120B of IPC. The applicant was found in possession of counterfeit currency notes. The applicant was granted bail under section 167 as the charge sheet was not filed within the stipulated time. According to the learned counsel for the applicant, thereafter no notice was issued to the applicant directing him to remain present in the court and hence the applicant did not remain present. It is stated that the practice followed in the courts at Mumbai is to the effect that after a case is 2 committed to the Sessions Court, notice is issued to the accused person and thereupon he attends the case. Per contra according to the learned APP the applicant was absconding and hence non- bailable warrant was issued and consequent thereupon, the applicant came to be arrested. Be it as it may, the fact remains that the applicant is in custody for a period of about 9 months including pre -bail custody. The submission is that the offence is a bailable one and the applicant has been in custody for a long span of time. It is then submitted that the presence of the applicant could be secured by directing his attendance to the police station. It is also pointed out that the applicant is a permanent resident of Mumbai and is staying along with his family members. The applicant is also stated to own immovable property. A further submission is made that the wife of the applicant is not keeping good health and to substantiate the said submission, documents are placed on record which prima facie reveals that the wife of the applicant is suffering from psychotic depression. The applicant’s wife has given birth to a child few months back. Having regard to the totality of the facts and circumstances, I am of the view that the applicant is entitled to be enlarged on bail. However appropriate conditions need to be imposed to secure the attendance of the applicant during the trial. In the result I pass the following order. 2. The applicant shall be released on bail on the same terms and conditions subject to which he was released earlier, however, subject to further condition that after release of the applicant on 3 bail he shall attend the ATS at Kalachowky daily in between 9 and 10 a.m. till conclusion of the trial. Application stands disposed of. (A. P. Deshpande, J.)