1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5129/2010 in CRIMINAL APPLICATION NO.4318/2010. The Tilaknagar Industries Ltd. - APPLICANT VERSUS The State of Maharashtra & Anr. - RESPONDENTS ***** Mr.VP Latange, Advocate for Applicant; Mr.VH Dighe, APP for State. Mr.PR Katneshwarkar, Adv. h/for Mr.SS Sayyed, Adv. for Respondent No.2 ----- with CRIMINAL APPLICATION NO.4956/2010 Mr.Benedict William s/o Pakayaswami Willliyam - APPLICANT VERSUS 1) The State of Maharashtra - RESPONDENT *** Mr.PR Katneshwarkar, Adv. h/for Mr. SS Sayyed, Adv. for applicant; Mr.VH Dighe, APP for State. WITH CRIMINAL APPLICATION NO.3284 OF 2010 Mr.Benedict William s/o Pakayaswami Willliyam - APPLICANT 2 VERSUS 1) The State of Maharashtra - RESPONDENT *** Mr.PR Katneshwarkar, Adv. h/for Mr. SS Sayyed, Adv. for applicant; Mr.VH Dighe, APP for State. CORAM : K.U.CHANDIWAL, J. DATE : 3rd February, 2011. PER COURT : 1) Heard learned Counsel for the respective parties. 2) Criminal Application No.3284/2010 moved by Benedict William seeks quashment of offence, vide Crime No.192/2010. S.O. to 14th March, 2011. 3) By Criminal Application No. 4956/2010, the applicant – Bendict William has sought to relax the conditions imposed on him by order dated 29.10.2010 in criminal Application No. 4318/2010, to attend Shrirampur Police Station on every Monday in between 11.00 a.m. to 2.00 p.m. 4) By Criminal Application No. 5129/2010, original complainant has urged the Court that the bail granted by this Court to applicant/accused – Benedict Willim (Respondent No.2), he having 3 violated the conditions imposed by this Court, while granting bail, be taken in custody, by canceling the bail. 5) Though elaborate submissions are advanced by both the learned Counsel, short point for consideration of this Court is, Whether there is scrupulous adherence to the orders of this Court. 6) In Criminal Application No.4318/2010 on 21st October, 2010, brother Judge protected the applicant/accused – Benedict William in the said crime No.192/2010, registered at Shrirampur Police Station, to be released on bail on his furnishing surety in the sum of Rs.20,000/- and on executing PR bond in the like amount. 7) On 29th October, 2010, this Court, while hearing the applicant/accused – Benedict and learned APP, made the earlier order absolute by allowing the application, but protection was extended till filing of charge sheet. The order indicated, - “ In the meantime, the applicant to attend Shrirampur Police Station, on every Monday in between 11.00 a.m. to 2.00 p.m. It is made clear that violation of this condition will automatically cancel the order today passed. Application stands disposed of accordingly.” 4 8) Mr.Katneshwarkar has placed before me a Diary, informing that said accused has recorded his attendance to the police on 24.10.2010; 25.10.2010; 1.11.2010; 8.11.2010; 15.11.2010 and 22.11.2010. 9) The report of the Investigating Officer indicate that thereafter on 29.11.2010 (Monday); 5th December, 2010 (Monday); and 12th December, 2010 (Monday), the accused Benedict William did not remain present to record his attendance. However, he has sent letter dated 12.12.2010, informing that he was not keeping well and the medical certificate was enclosed. 10) On enquiry police found that medical certificate was forged for which separate offence, vide Crime No. 43/2010 is registered against the accused. This court need not travel to the accusations in the said offence. 11) The fact remains, without any justifiable cause and ground, the applicant did not honour/comply with the directions of this Court to scrupulously record his attendance. Even otherwise, the order itself is explicit, which comes into play in termination automatically. However, to be more than precise, 5 it is recorded that the interim protection granted to the accused/applicant – Benedict William by this Court dated 21.10.2010 and extended on 29.10.2010, is terminated and withdrawn. The accused/applicant to surrender before the concerned police authorities. 12) Criminal Application Nos.5129/2010; 4956/2010 moved by the complainant and the accused respectively are disposed of. 13) Place the Criminal Application No. 3284/2010 moved for quashment of the FIR on 14th March, 2011. ( K.U.CHANDIWAL ) JUDGE bdv/