FAROOQ ABDUL GANI SURVE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application for bail. Brief facts are that the Petitioner, alongwith other accused, was tried by the Trial Court for the offences punishable under sections 465, 468, 121, 121-A, 120-B read with section 34 of the Indian Penal Code and also under section 25(1) of the Arms Act and section 74 of the Indian Information and Technology Act. The learned Ad-hoc Additional District & Sessions Judge, Thane was pleased to acquit the Petitioner for the offences with which he was charged by the judgment and order dated 22/12/2004.

(2.) The State preferred an appeal against acquittal vide Criminal Appeal No.315 of 2007 in this Court and while admitting the appeal, this Court directed that action be taken under section 390 of the the Criminal Procedure Code. Thereafter, the matter was adjourned from time to time for compliance of action under section 390 of the Criminal Procedure Code.

(3.) Since the Petitioner was not found at his earlier address, a non-bailable warrant was issued against him by this Court by order dated 18/07/2011. According to the Petitioner, he was informed by his neighbours who were residing at the earlier address that the non-bailable warrant had been issued and, therefore, after taking legal advice, he has filed this application in this court for granting stay to the execution of the non-bailable warrant and for grant of his release on bail, pending the hearing and final disposal of the appeal.