1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1216 OF 2007 IN CRIMINAL APPEAL NO. 1067 OF 2004 Shri Dev Kumar Singh ...Applicant. V/s Rajesh @ Baba Bachanu Dixit and Ors. ...Respondents. ---- Mr. U.N. Tripathi for the applicant. Mr. Niranjan Mundargi for respondent Nos. 1 and 2. Mr. Rajesh More, APP for the State. ---- ALONGWITH CRIMINAL APPLICATION NO.1848 OF 2007 IN CRIMINAL APPEAL NO. 1067 OF 2004 State of Maharashtra ....Applicant. V/s Chandrama @ Rocky Bachanu Dixit & Anr. .... Respondents. ---- Mr. S.R. Shinde, APP for the applicant – State. Mr. Niranjan Mundargi for respondent Nos. 1 and 2. CORAM: V.M. KANADE, J. DATE : 19th November, 2008 P.C.: 2 1. Both these applications for cancellation of bail are being disposed of by this common order as the facts in both these applications are identical. 2. Heard the learned Counsel appearing for the applicant in Criminal Application No.1216 of 2007, the learned APP appearing for the applicant - State in Criminal Application No.1848 of 2007 and the learned Counsel appearing for Respondent Nos.1 and 2 in both these applications. 3. These are the applications for cancellation of bail. It is submitted that this Court while granting bail to the respondent Nos. 1 and 2 (original applicants) had imposed condition that they shall not enter the jurisdiction of Dahisar Police Station and shall report to Borivali (East) Police Station once in a week, pending hearing and final disposal of the appeal. It is submitted that both these conditions have not been complied with by the accused. It is submitted that after this order was passed, respondents have committed two offences within the jurisdiction of Dahisar Police Station. It is, therefore, submitted that the bail which was granted by this Court on 23/11/2004 may be cancelled. 4. The learned Counsel appearing on behalf of Respondent No.1 and 2, on the other hand, submitted that they have been falsely implicated in two cases which were registered after the bail was granted by this Court. Counsel for respondent 3 Nos. 1 and 2 submitted that they have been released on bail in both these cases. He submitted that, initially, the applications for cancellation of bail were heard by this Court on 18/12/2007 and after hearing both sides, this Court had directed the respondents to report to Kasturba Marg Police Station, Borivali (East) every day. He, therefore, submitted that no case is made out for cancellation of bail. 5. It is common ground that respondents have been reporting to Kasturba Marg Police Station, Borivali (East) every day since December, 2007. Taking into consideration the fact that the respondents have been released on bail in other two cases which were filed against them and the fact that they have been reporting to Kasturba Marg Police Station, Borivali (East) every day since December, 2007, no case is made out for cancellation of bail. 6. It is, however, clarified that in the event there is any breach of the conditions imposed by this Court, liberty is granted to the applicants to apply for cancellation of bail afresh. 7. Both the applications are disposed of. Hearing of the appeal is expedited. Liberty is granted to the parties to apply for fixed date of hearing. (V.M. KANADE, J.) 4