1 CR.APL NO.4592/2010 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 901. APPLN/4592/2010 GOVIND VITHAL RATHOD AND [Criminal] ORS V/S THE STATE OF MAH AND ANR -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. M.P.Kale, Adv., for the applicant. Mr. K.M.Suryawanshi, APP for State. ... CORAM: K.U.CHANDIWAL, J. DATE: 23-2-2011 1. Heard Mr. Kale, Counsel for the applicant and Mr. K.M.Suryawanshi, APP. 2. The applicant, after availing benefits of pre-arrest bail, having been slapped with the notice dt. 18.5.2009 to attend the concerned Police Station, failed to do so, has faced rigour of cancellation of the protection by virtue of orders dt.27.10.2010, recorded by the learned Additional Sessions Judge, Gangakhed. 3. Mr. Kale submits, it could be a first time omission on the part of 2 CR.APL NO.4592/2010 the accused/applicant to respond to the notice, however, he has a bitter experience with the Police as, even if he had attended the investigator, pursuant to the directions of the Court, the investigator did not acknowledge the visits. Consequently, the accused/applicant is handicapped. I find substance as the accused/applicant is not in a position to dictate terms to the investigator, to acknowledge his visits. The absence, to which reference is given, is casual, not deliberate and not with an intention to sabotage ongoing investigation or to influence any of the witness. The mistake that has been occasioned has already been substantially suffered by filing present proceedings. In addition, the accused/applicant shall pay a fine of Rs.2,000/- ( Rs. two thousand) to be deposited within two weeks before this Court. The order of cancellation, pursuant to application for such purposes, in terms of Section 439(2) of Cr.P.C. is set aside. 3 CR.APL NO.4592/2010 Application (No.4592/2010) allowed. (K.U.CHANDIWAL) JUDGE ... AGP/4592-10crapl