VILAS LAXMAN SAWANT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE aforesaid appeal was admitted and on 11.5.1981 the accused was released on bail. He was also directed to report to the police station, Matunga, twice a week. Liberty was granted to the State to seek cancellation in case of misuse of bail.

(2.) IT appears that thereafter the matter was placed before the Bench for final hearing when it was reported that Mr. Pathmudi, the learned Advocate for the appellant is reported to be dead. Thereupon the Division Bench directed on 26.7.1993 that Court service notice be issued to the appellant-accused. The same was issued through the learned Sessions Judge, Greater Bombay. The Sessions Court returned the notice with an endorsement that the accused Vikas Laxman Servant is not traceable at the given address and that he is also not reporting to Matunga Police Station. Thereafter, the matter was placed for orders before the Court form time to time. Ultimately, on 31st August 1994, the Division Bench passed the order that since the appellant has violated the terms of the bail order, the bail granted to the appellant was cancelled and the appellant was directed to be taken into custody forwith. It appears that thereafter non-bailable warrant was issued, but the game could not be executed as the appellant was not found at the place where he was supposed to be residing.

(3.) UNDER the aforesaid circumstances, we directed the office to serve the notice on the appellant who is in jail at Arthur Road, Bombay, and place the matter for hearing before the appropriate Bench.