1 Appln 3192-2010 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3192 OF 2010 The State of Maharashtra ..Applicant V/s. Mehboob Munir Khan ..Respondent Mrs.Geeta P. Mulekar, APP, for the Applicant - State Mr.S.P.Kadam i/b. Mr.K.M.Mhatre, Advocate, for the Respondent CORAM : R.C.CHAVAN, J. DATE : 25TH MARCH, 2011 P.C. . Heard the learned Counsel for the respective parties. 2. This is an application for cancellation of Anticipatory bail granted by the learned Additional Sessions Judge, Dindoshi, Goregaon. The learned Counsel for the respondent states that trial in the case has already begun. The original Complainant has died. Three witnesses have been examined. 2 Appln 3192-2010 Upon this, the learned APP submits that the trial has commenced against other accused, since respondent has not appeared before the investigating officer. There is no question of respondent's being subjected to interrogation now. The Order, cancellation whereof is sought, categorically mentions that the respondent would appear before the investigating officer. If he had appeared before the investigating officer, the investigating officer should have interrogated, arrested and charge sheeted him so that he could have been tried at the same trial. It is unfortunate that the investigating officer should forget that judicial time in this country is expressly scarce and it can not be wasted to have a second trial for the same offence when all the other offenders are available for trial. The learned Counsel for the respondent states that the respondent would appear before the trial Judge, participate in the trial and furnish a 3 Appln 3192-2010 fresh bond before the trial Court. 3. Criminal Application is, therefore, disposed of. (R.C.CHAVAN, J.)