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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
                                              -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




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