1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1090 OF 2010 Mahesh Madhukar Ligade )..Applicant Vs. The State of Maharashtra & Anr. )..Respondents ­­­­ Mr.Sudeep Pasbola i/by Nitin Sejpal for the applicant. Mr. A. S. Gadkari APP for the State. Mr.S. Malik for the respondent no.2. ­­­­ Coram : R.S.MOHITE,J Date : 20th April, 2010 PC 1 Heard both sides. Rule. By consent of parties, rule made returnable forthwith. 2 This is an application challenging an order cancelling bail of the present applicant. The applicant has also prayed for bail. The applicant is being tried for offences under Sections 376, 420, 451, 323, 504 & 506­II read with 34 of IPC in Sessions Case No.328 of 2009. He was granted bail on 17.2.2009 by the Sessions Court. The bail was for an amount of Rs.25,000/­ with one or more sureties and subject to the condition that the applicant was not to tamper prosecution witnesses and also not to enter the locality where the prosecutrix is residing/working till decision of the trial. The prosecutrix first applied for cancellation of bail but that application was rejected on 9.10.2009. Again she has made an application on 15.2.2010 based upon the incident that according to her applicant met her and beat her on railway crossing. There is however, no written say recorded and the order 2 cancelling bail has been passed on the same day i.e on 15.2.2010. The Sessions Court has recorded in the order that the applicant was personally present in Court and asked for adjournment because he wanted to change his Advocate. He has also recorded the fact that the applicant has denied the incident. Thereafter order was passed. It is now an admitted position that with the passage of time, evidence of the prosecutrix is complete and there is no question of influencing her. It is seen that the applicant was on bail for substantive long period of time. In my view, the same can be continued subject to the stringent conditions. It is therefore, directed that pending his trial in Sessions Case No.328/2009 the applicant be released on bail in the sum of Rs.25,000/­ with one surety in the like amount subject to the condition that he will not tamper with the prosecution witnesses, will not enter the locality where prosecutrix resides or work and will report to the Investigating officer twice a week on every Monday and Thursday between 11.00 A.M and 3.00 P.M till the trial is concluded. He will not have to report on the trials dates and on those dates, he will remain present before the trial Court unless exempted. Rule made absolute in the aforesaid terms. Application stands disposed off. (R.S.MOHITE,J) 3 4