1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2111 OF 2009 Devidas S/o.Potlaji Wadde APPLICANT VERSUS The State of Maharashtra Through Police Station Limbgaon, Tq. and Dist. Nanded and others RESPONDENTS Mr.M.V.Ghatge, learned counsel for applicant. Mr.N.R.Shaikh, learned APP for respondent/State Smt.M.R.Jamdhade, learned counsel for respondent no.2 to 11 (CORAM : A.V.POTDAR, J.) DATE : 03/12/2009 PER COURT : 1. By the present application, the original complainant has approached this Court for cancellation of bail order passed in favour of respondent no.2 to 11 in connection with CR No.32/2006, registered in Limbgaon Police Station of Tal. And Dist. Nanded. 2. Heard learned counsel appearing for the applicant followed by the submissions of learned APP for State and learned counsel appearing for respondent no.2 to 11, the accused in the said crime, who were released on bail by the order of this Court. 2 3. To consider the real controversy between the parties to this application, it is necessary to consider the brief facts of the case which gave rise to file the present application. It appears that Crime No.32/2006 was registered in Limbgaon Police Station on the complaint of brother of deceased who was murdered on 15/07/2006. Respondent no.2 to 11 have approached this Court for their release on bail and vide order dated 14/10/2006, respondent no.2 to 11 were released on bail, but on condition that they have not to enter in the area of Nanded District. It further appears that on 11/04/2007, this order not to enter in the area of Nanded was modified and the entry of respondent no.2 to 11 was restricted as not to enter in the area of Limbgaon Police Station. It is alleged that in between 11/04/2007 till the month of October 2008, on various occasions, this conditional order passed which was modified in the month of April 2007 was violated by these respondent no.2 to 11, and hence complaints were lodged to the Police Authorities, Police Patil, Tanta Mukti Samiti Limbgaon and other concerned authorities, but as no cognizance is taken by the Police Authorities, hence this application is moved for cancellation of bail of these applicants. 4. It appears from the record that vide order dated 08/10/2009, directions were given to the Police Authorities to verify the certificate dated 07/02/2008, 04/02/2008, 02/05/2009, 04/05/2009 issued by the Village Police Patil, and Mahatma Gandhi Tanta Mukti Samiti Limbgaon. Accordingly an inquiry was made by the police authorities and submitted the report of said inquiry which is placed 3 in my hand today during the course of submissions in connection with this application. 5. A specific query is put to learned counsel appearing for the applicant as the cognizance was not taken of the complaints lodged by them to the police authorities, have they approached the office of Supdt. of Police, to which it was informed to me that no such relief is asked or claimed from The Supdt. of Police about non action on the part of Police Authorities. Apart from it, read the report today received. The report discloses that the Police Authorities have made the inquiries with the persons who have reported to the Police Patil that the conditions was violated by these respondents, on which date, at which place and at which time, they have seen it, but the report of the inquiry shows that the information provided by these peoples those who have witnessed that these respondent no.2 to 11 have violated the conditions imposed on them, are vague. Likewise the reports which were tried to collect from these members of Tanta Mukti Samiti as well as the Police Patil, it reveals that the information which was provided by these peoples is also vague and hence the report is submitted that there is no substance in the allegations made against these respondents that they have violated the conditions imposed on them while releasing them on bail. 6. Considering these aspects which are supported by learned APP for State as well as counsel for respondent no.2 to 11 that there is no violation on the part of these respondents about the conditions 4 imposed on them while modifying the order on 11/04/2007 that not to enter into local jurisdiction of Police Station Limbgaon. No substance in the application. Application sans any merit, and deserves following order : O R D E R 1. Application stands rejected. 2. However, it is clarified that as the trial is pending before the Court of Sessions at Nanded since the year 2006, the trial against respondent no.2 to 11 is hereby expedited. Learned Sessions Judge, who is incharge of the said session trial to dispose of the said session trial within the period of 6 months from the date of receipt of this writ. 3. The order to be followed scrupulously and punctually. (A.V.POTDAR, J.) khs/DEC 2009/cri.appl.2111-09