Order below Exh. 1 in Criminal Bail Application No. 1157 of 2022

(Ashpak Shah Dastgir Shaha v/s State )

Perused application. Heard both the learned counsels.

2.By this application, accused in Sessions Case No. 289 of 2017 arising out of Crime No.56/2017 registered with Wadiwarhe Upnagar Police Station filed under sections 393, 341, 342, 363, 412 of the Indian Penal Code, seeks regular bail

3. It is objected over tenability.

4.The learned Counsel for the applicant has submitted that, previously accused was on bail. However on some dates, he remained absent and therefore he was taken into judicial custody as non­ bailable warrant was issued against him. Since 06.09.2022 he is in judicial custody. He has small kids and he is the only person to look after them. Hence, it is prayed that, applicant may be released on bail.

5.On going through the record, it appears that now the accused has realized the consequences to remain absent in the Court for conducting trial.

6.In view of above, the applicant deserves bail.

Hence, the following order :­

ORDER
(1) Application stands allowed.

(2) Applicant Ashpak Shah Dastgir Shaha be released on furnishing PR of Rs.15,000/­ with one solvent surety of like amount.

(3) The applicant shall not leave India sans permission of this Court.

(4) He shall not tamper the prosecution witnesses.

( Vikas S. Kulkarni ) October 4, 2022 Additional Sessions Judge, Nashik.