Bombay High Court
SUJIT ANIL ASANEversusTHE STATE OF MAHARASHTRA AND ANOTHER
- Disposal
- APPLICATION ALLOWED
Holding
Both bail applications are allowed subject to the conditions imposed by the Court.
Summary
The applicant, a 25‑year‑old daily‑wage labourer, was arrested on a non‑bailable warrant for failing to appear before the trial court since 13 March 2026. He applied for regular bail, claiming ignorance of procedural requirements due to his itinerant work and offering an undertaking through his mother to attend all future dates. The State opposed the bail, citing the applicant's default and the seriousness of the offences (Crimes No. 064 of 2023 and No. 556 of 2024). The Court noted that the applicant had already been in custody for about seven months and that bail could be granted if stringent conditions were imposed, including a personal bond, surety, and a mother’s undertaking. Accordingly, the Court allowed both bail applications, directing release on a Rs.15,000 bond with multiple conditions aimed at ensuring the applicant’s attendance and preventing interference with the investigation.
Issues considered
- Whether bail can be granted to an accused who has defaulted on court appearances under a non‑bailable warrant.
- Whether imposing stringent conditions suffices to justify bail despite the nature of the offences.
Subjects
- bail
- non‑bailable warrant
- default in appearance
- personal bond
- surety
- court undertaking
- investigating officer
Judgment
2026:BHC-AUG:45941
-1-
902-BA-1553-2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
BAIL APPLICATION NO. 1553 OF 2026
WITH
BAIL APPLICATION NO. 1554 OF 2026
SUJIT ANIL ASANE
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
.....
Advocate for Applicant : Mr. Majit S. Shaikh
APP for Respondent - State : Mr. V. K. Kotecha
.....
CORAM : HITEN S. VENEGAVKAR, J.
DATED : 30th SEPTEMBER 2026
PER COURT :
1. The present applications are for regular bail of the
applicant, who came to be arrested in pursuance of a non-bailable
warrant issued by the learned Trial Court on the ground that the
applicant has failed to appear before the learned Trial Court and
cooperate in the trial.
2. Learned Advocate for the applicant submits that the
applicant is a daily wage labourer and therefore had to travel to
various places in search of work. He is not very qualified, and
therefore, was unaware of the process of attending each and every
date before the Court of law. He submits that the applicant has
been inside since 13.03.2026 and now he has learned his lesson.
-2-
902-BA-1553-2026
He states that, the applicant undertakes that, henceforth, he will
not miss even a single date before the learned Trial Court and will
cooperate in the conclusion of the trial as expeditiously as possible.
He also submits that the applicant is 25 years of age and resides
with his mother. The mother is ready and willing to give an
undertaking to this Court that the applicant, if released on bail, will
attend each and every date before the learned Trial Court, failing
which the applicant can again be taken into custody and kept in
custody till the conclusion of the trial.
3. Further, though the reason assigned by the learned
Advocate and the applicant is that he could not attend the Court
proceedings merely because he had to go in search of daily wage
labour, yet I am of the opinion that the applicant, who has been
released on bail on merits and pursuant to that was arrested only
for his default in remaining present before the learned Trial Court
on the concerned dates, and furthermore, that the applicant has
been in custody in pursuance of the non-bailable warrant since
13.03.2026, i.e. for almost seven months, the applicant can be
released on bail by imposing stringent conditions and also by
accepting the offer tendered by the learned advocate for the
applicant to file an affidavit-cum-undertaking before the Trial
Court by the mother of the applicant, stating that the applicant will
-3-
902-BA-1553-2026
remain present before the learned Trial Court on each and every
date without fail, failing which the applicant shall be re-arrested
and taken into custody and shall continue in custody till the
conclusion of the trial. Hence, the following order :
ORDER
(i) Both the bail applications stand allowed.
(ii) The applicant shall be released on bail in Crime No. 064 of
2023 and Crime No.556 of 2024 registered with Shrirampur
Taluka Police Station, District Ahilyanagar, on furnishing
personal bond of Rs.15,000/- (Rupees Fifteen Thousand only)
with one or two solvent surety in the like amount, subject to
the following conditions :
a) The mother of the applicant shall file an undertaking
before the learned Trial Court to the above-stated effect
within a period of one week from the release of the
present applicant on bail.
b) The applicants shall attend the trial Court on every
date fixed, unless his attendance is specifically
exempted.
c) The applicant shall attend the Investigating Officer on
every first and last Monday of the month till the
conclusion of the trial and mark his presence even
before the Investigating Officer, in addition to
-4-
902-BA-1553-2026
remaining present on every date before the learned
Trial Court.
d) The applicant shall not, directly or indirectly, contact,
threaten, induce or influence the informant or any
prosecution witness and shall not tamper with the
prosecution evidence.
e) The applicant shall furnish his current residential
address and mobile number to the Investigating Officer
and the trial Court within seven days of release,
intimate any change forthwith.
f) The applicant shall not leave India without prior
permission of the Trial Court and, if he posses
passports, shall deposit the same with the Trial Court
within seven days of his release.
g) The applicant shall not involve himself in any offence of
a similar nature while on bail.
h) Breach of any of the above conditions shall entitle the
prosecution to apply for cancellation of bail.
(HITEN S. VENEGAVKAR)
JUDGE
Tandale
Checking your session…