In a bail application regarding a murder charge where the trial was pending due to a missing report, the court granted bail on a personal bond after the applicant undertook not to absent himself.
Released on bail on furnishing a personal bond of Rs. 25,000 and two solvent sureties in like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1 CriApln428/12
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.428 OF 2012
Raju @ Rajendra Buwaji Pagare
Applicant
V E R S U S
The State of Maharashtra
Respondent
Shri Joydeep Chatterji, Advocate for the applicant
Shri S.G. Nandedkar, A.P.P. for the respondent/State
CORAM : A. H. JOSHI, J. DATE : 21ST FEBRUARY, 2012
PER COURT :
1. This is an application for bail.
2.Applicant is named as accused in Crime No. 49 of
2005 of Police Station Nizampur.
3.The matter is already awaiting trial. The trial
could not begin because the Chemical Analyzer’s report is
still awaited.
4. The applicant was already granted bail. However,
the bail has been cancelled by the learned Sessions Court on
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account of persistent absence of the applicant and as he was
required to be brought before the Court by issuance of non-
bailable-warrant.
5.Learned Advocate for the applicant states that now
the applicant has learnt a lesson and henceforth he would not
remain absent before the Sessions Court. He further states
that the applicant will not remain absent before the Sessions
Court on any date fixed by Court without praying for
exemption. He also undertook that without seeking prior
permission, the applicant will not leave the jurisdiction of
learned Sessions Court.
6.In this background, as a special latitude, the
applicant can be granted bail.
7.The applicant be released on bail on furnishing
personal bond in the sum of Rs.25,000/- (Rupees Twenty Five
Thousand) and two solvent sureties each in like amount.
Applicant shall not leave the jurisdiction of the learned
trial Court without seeking prior permission and bring on
record his address where he would proceed and live during the
period of absence. The applicant shall attend all dates
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without fail, unless his presence is excused by the learned
trial Court.
( A. H. JOSHI, J. )
SRM/21/2/12
Raju @ Rajendra Buwaji Pagare
The State of Maharashtra
A. H. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court