SHAIKH SALEEM AMEEN SAYYED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an application made by the accused to release him on bail on the same terms and conditions on which he was released earlier by the Additional Sessions Judge, Malegaon in Sessions Case No.87 of 1992. The applicant was arrested on 21st July 1992 for offence under Sections 395 and 397 of IPC in C.R.No. 150 of 1992. He was earlier released on bail on 27th July 1992 in the sum of Rs.3,000/-. However, he failed to attend the court between February 1994 and June 1996 as he had gone to his native place in Taluka Chalisgaon Dist.Jalgaon and he could not come back due to his illness. Because of his not attending the court, warrant was issued and ultimately he surrendered on 24th June 1996 and applied for his release on bail on 6th July 1996 before the Sessions Court. His application was rejected by the Additional Sessions Judge, Malegaon on 6th July 1996 for his release on bail on two grounds viz. the accused did not remain present in the court on the dates of hearing and secondly that the accused No.4 is in custody and his trial could not proceed because of the absence of the applicant.

(2.) AS per the directions of the court the learned APP Mr. Deshpande has verified whether accused No.4 is in custody and according to his information and instructions of Mr.Bhatkar, accused No.4 also was earlier released on bail but he has been taken into custody as the surety which was given by him had applied for withdrawal. It is not disputed that the applicant himself had surrendered in June 1996 and it will not be desirable to retain him in the custody. The applicant can be released on bail by securing his attendance in the court by putting conditions. Hence the following order is passed:-