1 CR.APL NO.2091 OF 2009 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2091 OF 2009 Ganesh s/o Kundalikrao Kute, Age: 35 years, Occ. Agriculture, r/o Mangalwara, Hingoli. ...APPLICANT VERSUS 1. The State of Maharashtra, Through Incharge Police Station Hingoli City. 2. Shri Vinayak Shriram Bhise, Age: 34 years, Occ. Agriculture, r/o Gavalipura, Hingoli Tal. and Dist. Hingoli. ...RESPONDENTS ... Mr.V.D.Sapkal, Adv., for the applicant. Mr. V.H.Dighe, APP for State. Mr. N.S.Ghanekar, Adv., for R.2. ... CORAM: K.U.CHANDIWAL, J. DATE:15/2/2011 *** PER COURT : 1. Heard Mr. V.D.Sapkal, Counsel for the applicant, seeking cancellation of bail granted to the accused by order dt.9.6.2009, recorded by the learned Special Judge, M.C.O.C. Act, in the 2 CR.APL NO.2091 OF 2009 matter vide Bail Application No.588/2009. 2. The matter projects a chequered history of events. The accused did not adhere to the specific directions of the learned Special Judge, of attendance, while allowing the bail application and, consequently, the bail granted by the learned Judge was terminated, directing the accused to first surrender before the investigator. The application seeking cancellation was kept in abeyance, by order dt. 8th Oct.,2009. 3. Mr.Ghanekar appearing for the accused informs, the accused has surrendered and is in custody from 29th March, 2010. 4. Mr. V.D.Salunke informs, against the orders of this Court to surrender, the accused has knocked, for his release on bail, on two occasions before the Hon'ble Apex Court but did not succeed. Earlier attempts before the Court did not yield desired result. Consequently, the application was permitted to be withdrawn. 5. Learned A.P.P. has a grievance, even at the time of implementing orders of this Court, to apprehend the accused (respondent No.2), there was resistance to the Police Officer, inviting clamping registration of Crime being Crime No. 3 CR.APL NO.2091 OF 2009 38/2010 at Hingoli Gramin Police Station. 6. At this stage of the matter, since the accused/respondent No.2 Vinayak Shriram Bhise is in custody, the purpose of the application of original complainant is achieved. The conduct of Accused/respondent no.2 demonstrate, liberty was provenly misused. 7. Mr.Ghanekar has a grievance, owing to above scenario of facts, after chargesheet, the accused Vinayak be granted liberty to approach appropriate Court for bail. If the accused/applicant has such rights, needless to add, inspite of above observations of this Court, the accused/applicant to approach the appropriate authorities as would be advised. Application for cancellation of bail allowed. (K.U.CHANDIWAL) JUDGE agp/2091-09crapl