1 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1918 OF 2009 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. N. Khan for the applicant. Ms. M.H. Mhatre, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 16TH FEBRUARY 2010 P.C. : 1. This is an application for cancellation of bail granted to the respondent no.1. 2. I am inclined to reject the application on two grounds. 3. None appeared for the respondent no.1 when the matter was called. No appearance for the respondent no.1 was shown on the board. I therefore asked the learned counsel for the applicant whether the respondent no.1 was 2 served and the learned counsel asserted that the respondent no.1 was served and had remained absent though served. Perusal of the record shows that the respondent no.1 has not been served. In fact, even a notice has not been issued to the respondent no.1. An attempt has been made to mislead the Court. This is deprecable. 4. An application was made to the learned Metropolitan Magistrate, 32nd Court, Andheri for cancellation of bail on the ground of breach of condition imposed while granting bail. The learned Magistrate has recorded a finding of fact that the condition has not been breached. This is a finding of fact which is not shown to be erroneous, much less perverse. 5. In the circumstances, the application is rejected. (D.G. KARNIK, J.)