{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3323 OF 2009 Shobha w/o Tukaram Pandhare APPLICANT VERSUS The State of Maharashtra & others RESPONDENTS ....... Mr. B.A.Shinde, Advocate for the applicant Mrs.V.A.Shinde, APP for respondent State Mr. N.L.Jadhav, Advocate for respondents No.2 and 3 ....... [CORAM : A.V.POTDAR, J.] DATE: 2nd August 2010 PER COURT: 1. By the present criminal application, the applicant- original complainant has prayed for cancellation of bail, granted in favour of respondents No.2 and 3 by the lower courts. This application is moved on the ground that after releasing on bail, the applicant-original complainant and her daughter were threatened by respondents No.2 and 3 on 22.05.2009 for which report was lodged in the police station on 23.05.2009. It appears that accordingly proceedings were initiated by Executive Magistrate and bond of good behaviour was executed by respondents No.2 and 3. {2} It is further contended that thereafter on one more occasion, threats were extended by respondents No.2 and 3 to the applicant and thus they have tampered the evidence. 2. It is informed that so far as respondents No.2 and 3 are concerned, they are enjoying liberty for more than 14 and 19 months, respectively. It is also informed that within mean time, after completion of investigation and filing of charge sheet, the trial is also committed and numbered as Sessions Case No.40/2010. It is further informed that recording of evidence in the said sessions case is in progress. The Sessions trial is being conducted on day to day basis and now only two witnesses are remained to be examined. Admittedly, evidence of applicant and her daughter is already recorded. Thus, it is clear that as the evidence of complainant and her daughter is over, no question of tampering of their evidence would arise. In the premise and considering the stage of sessions case, the present application does not survive and hence dismissed accordingly. It is, however, made clear that the learned Additional Sessions Judge need not be influenced with these observations while conducting the trial. [A.V.POTDAR, J.] drp/B10/criapln3323-09