{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 605 OF 2010 IN CRIMINAL APPLICTION NO.2483 OF 2009 Santram Janardhan Gardi & others APPLICANTS VERSUS The State of Maharashtra RESPONDENT ....... Mr. Joydeep Chatterjee, Advocate for applicants Mr. N.B.Patil, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 2nd March 2010 PER COURT: 1. Heard. By this application the applicants have prayed for relaxation of the condition of attendance by the applicants at Dindrood police station imposed by this Court on 30.07.2009 while allowing criminal application No.2483/2009. The said condition was imposed for the period of one year. Learned APP has filed say wherein apprehension is expressed that if the condition is relaxed then there is likelihood of tampering of prosecution witnesses by the applicants. One cannot be oblivious of the fact that the main accused is also released on bail vide order dated 09.11.2009 passed {2} in criminal application No.3622/2009, however no condition is imposed on him while allowing his bail application. Thus, it is clear that the report submitted by the APP there is no allegation that the main accused has misused the liberty. In the premise, there are less chances that the applicants may misuse the liberty. Apart from it, if the liberty is misused, then it is always open for the prosecution to apply for cancellation of bail u/s 439 (2) of the Criminal Procedure Code. In the premise, considering the submissions, the application deserves to be allowed. 2. In the result, the application is allowed in terms of prayer clause “A” and “B” and stands disposed of. The condition imposed vide order dated 30.07.2009 in criminal application No. 2483/2009 is hereby relaxed. [A.V.POTDAR, J.] drp/A10/criapln605-10