Bombay High Court
SUJIT ANIL ASANEversusTHE STATE OF MAHARASHTRA AND ANOTHER
- Disposal
- APPLICATION ALLOWED
Holding
Bail may be granted for a non‑bailable offence despite default in appearance, provided the court imposes stringent conditions to ensure the accused’s compliance.
Summary
The High Court considered two bail applications filed by Sujit Anil Asane, a daily‑wage labourer who had been in custody since 13 March 2026 for defaulting on court appearances under a non‑bailable warrant. The applicant argued that his inability to attend was due to seeking daily work and pledged to cooperate fully if released. The court noted that the applicant had been detained for nearly seven months solely for his failure to appear and that bail could be granted on the basis of imposing stringent conditions. It accepted the applicant’s offer that his mother would file an undertaking to ensure his attendance. Consequently, the court ordered the release of the applicant on bail with a personal bond of Rs.15,000 and a series of conditions, including regular court attendance, reporting to the investigating officer, and restrictions on contacting witnesses.
Issues considered
- Whether bail can be granted in a non‑bailable offence where the accused has defaulted in appearing before the trial court
- Whether imposing strict conditions suffices to mitigate the risk of further default or tampering with evidence
Subjects
- bail
- non‑bailable warrant
- default in appearance
- daily wage labourer
- court conditions
- personal bond
Judgment
2026:BHC-AUG:45942
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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.
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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
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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
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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
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