AREFABEE SK MOHAMMAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Notice to respondent returnable forthwith.

(2.) Mr. Daund, learned A. P.P. waives notice. With consent of the learned counsel, the application is taken up for final hearing immediately.

(3.) The applicants are accused Nos. 1 and 2 in Sessions case No. 100/2004. They were on bail. Roznama reveals that both the applicants regularly and unfailingly remained present on every date except on one or two occasions. When application for exemption from attendance was made. Record reveals that on 12-7-2006 both the applicants were absent and the learned Additional Sessions Judge Basmathnagar passed an order to the effect that accused had jumped the bail, their bail bonds stand cancelled and N.B.W. be issued. On next date i.e. 17-8-2006, both the accused suo motu appeared without execution of warrant and made an application for cancellation of warrant. They stated in the application that on the previous date they could not remain present due to sad demise of mother of accused No. 1. In spite of this reason, the learned Additional Sessions Judge rejected the application, observing that the accused have jumped the bail and their bail bonds are already cancelled and therefore, no question arises to exercise the discretion to release them on bail again.