1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 510 OF 2009 The State of Maharashtra, Police Inspector, Police Station, Udgir (Rural), Tq. Udgir, District Latur .. .. Applicant (Ori. Respondent) Versus Malanbee Sayyad Noor Madari, Age : 45 Years, Occu. : Household and Social Worker, R/o Peth Darwaza, Udgir, Taluka Udgir, Dist. Latur. .. .. Respondent (Orig. Accused) Shri N. B. Patil, Public Prosecutor for the Applicant/State. Mrs. S. S. Jadhav, Advocate for the Respondent. WITH CRIMINAL APPLICATION NO. 511 OF 2009 The State of Maharashtra, Police Inspector, Police Station, Udgir (Rural), Tq. Udgir, District Latur .. .. Applicant (Ori. Respondent) Versus 2 1. Shaikh Gulam Ahmed S/o Maheboobsab, Age : 50 Years, Occu. : Mason, R/o Sant Kabir Nagar, Udgir, District Latur. 2. Shaikh Ayub S/o Sk. Jani Choudhri, Age : 35 Years, Occu. : Mason, R/o Peth Darwaza, Udgir, Taluka Udgir, Dist. Latur. .. .. Respondents (Orig. Accused) Shri N. B. Patil, Public Prosecutor for the Applicant/State. Mrs. S. S. Jadhav, Advocate for the Respondent. CORAM : N. D. DESHPANDE, J. DATE : 07TH AUGUST, 2009. ORAL ORDER : 1. Heard Shri N. B. Patil learned public prosecutor for the applicant and Mrs. S. S. Jadhav learned counsel for the respondents/accused. 2. The present hearing is held, in the matter of cancellation of order of anticipatory bail granted by learned Additional Sessions Judge, Udgir, District Latur in Criminal Miscellaneous Application No. 153/2008 vide order dated 06.11.2008. The respondent/accused Malanbee Sayyed Sayyed Noor Madari was also granted further regular bail, after charge sheet came to be filed 3 against the said Malanbee and others for the offences punishable under Section 363 and 366-A read with Section 34 of the Indian Penal Code. 3. There is one more application bearing registration No. 511/2009 for cancellation of anticipatory bail granted to other accused Shaikh Gulam Ahmed Maheboobsab and Shaikh Ayub Sk. Jani Choudhri in the same crime, granted by learned Additional Sessions Judge, Udgir, District Latur by its order dated 10th November, 2008. They were also granted regular bail jointly with other co-accused. 4. The main contention of the applicant is that accused Malanbee did not attend the police station as directed in the order passed by the learned Additional Sessions Judge, Udgir and remained absent on one occasion and she failed to report the police station. Thus respondent has committed breach of the order of bail. 5. In the case of Shaikh Gulam Ahmed Maheboobsab, the respondents in the application No. 511/2009, they were absconding and were not available for the police, despite crime was registered against them and their involvement revealed during the investigation. Therefore, they do not deserve for grant of anticipatory bail on merit. There is enough material and evidence against the respondents as mentioned in the charge sheet, which subsequently came to be filed. Except these averrments in the respective applications, no details are given as to how all the accused 4 did not deserve for anticipatory bail and how it prejudiced the investigation. 5. Upon consideration of record and after hearing both the sides, I do not find any substance and merit in the objections raised by the applicant/State, and therefore, both the applications are hereby rejected and disposed of by this common order. [ N. D. DESHPANDE, J.] bsb/August 09