1 Criminal Application No.4328/2009 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4328 OF 2009 Ambadas s/o Trimbak Nakade ... APPLICANT VERSUS The State of Maharashtra & anr. ... RESPONDENTS ..... Shri Y.V. Kakade, Advocate for applicant Shri V.H. Dighe, A.P.P. for respondent No.1. Shri M.P. Gude, Advocate for respondent No.2- absent ..... CORAM : K.U. CHANDIWAL, J. DATE : 13th April, 2011 PER COURT : 1. Heard finally. Heard Mr. Kakade for the complainant, seeking cancellation of bail. During the course of submissions, it is informed, the matter before the learned Sessions Judge was at the stage of final arguments. 2. In an offence under Section 306 read with Section 34 of the Indian Penal Code, dated 3.6.2009, the respondent No. 2 Criminal Application No.4328/2009 2 is arrayed as accused and the order of bail dated 29.7.2009 is questioned on the ground that subsequent development of tracing a eye witness inculpate role of the accused/ respondent as accused is specifically named. 3. The exercise of powers by the learned Judge in the said crime even if subsequent addition of Section 302 or Section 201 read with Section 34 of the Indian Penal Code being made, however, illustrate that the available material was scanned and then the orders were passed. Further custody not desired as no breach of the order is committed nor any perversity is projected in the order of bail. Application rejected, finally disposed of. K.U. CHANDIWAL JUDGE fmp/cri4328.09