Manohar Rajaram Khawase vs State Of Maharashtra
2003 Latest Caselaw 697 Bom

JUDGMENT

R.S. Mohite, J.

1.Heard Shri Mardikar, Advocate for the applicant and Shri Lanjewar, A.P.P. for the State.

2. Rule. By consent, rule is made returnable forthwith.

3. This is an application for quashing and setting aside the order dated 10-4-2003 passed at Exhs. 13 and 14 and for grant of time to the applicant to furnish security.

4. It is seen from the record that the applicant had preferred an application under section 438 of Criminal Procedure Code for grant of anticipatory bail on 5-3-2003 in the Sessions Court, Nagpur. It is the prosecution case that the accused was involved for offences under sections 147, 148, 149, 341, 342, 436 and 427 of the Indian Penal Code. Initially, ad interim bail was granted vide order dated 5-3-2003. Ultimately after hearing both sides, the application for grant of anticipatory bail was allowed and the ad interim bail granted on 5-3-2003 was confirmed by the 7th Additional Sessions Judge, Nagpur, on 29-3-2003 in Misc. Cri. Application No. 320 of 2003. The anticipatory bail was granted on the condition that the accused would appear before the committal Court on or before 10-4-2003 and furnish the bail in terms of the interim order.

5. It is the case of the applicant that he could not furnish the bail by 10-4-2003 in terms of the interim order as his wife was ill from 4-4-2003. He has enclosed the medical certificate of Dr. Uday Mahorkar issued by Avanti Institute of Cardiology. It indicates that his wife was admitted in the hospital on 4-4-2003 and discharged on 10-4-2003. The Advocate for the applicant states that he will furnish the bail within a period of one week from today.

6. In this view of the matter, criminal application is allowed subject to the condition that the applicant will comply with the conditions imposed by the 7th Additional Sessions Judge, Nagpur, vide order dated 29-3-2003 by furnishing the bail amount within a period of one week from today.

7. Rule is made absolute in the aforesaid terms.

8. An ordinary copy of the order, duly authenticated by the Court Sheristedar, be furnished to the parties on payment of urgent charges.