1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.7305 OF 2005 The State of Maharashtra .. Applicant Vs. Mohammed Altaf Mohammed Ismail .. Respondent WITH CRIMINAL APPLICATION NO.7306 OF 2005 The State of Maharashtra .. Applicant Vs. Dr.Abdul Mateen A.Basil .. Respondent WITH CRIMINAL APPLICATION NO.7307 OF 2005 The State of Maharashtra .. Applicant Vs. Imran Rehman Khan .. Respondent Mr.K.V.Saste, A.P.P. for the State Mr.M.H.Solkar for the respondent CORAM : J.N.PATEL CORAM : J.N.PATEL CORAM : J.N.PATEL & & & R.S.MOHITE, JJ R.S.MOHITE, JJ R.S.MOHITE, JJ. DATED : 8TH JANUARY, 2007 DATED : 8TH JANUARY, 2007 DATED : 8TH JANUARY, 2007 2 P.C.: 1. The state has filed this application seeking cancellation of bail on the ground that the respondents have been acquitted of serious charges under Prevention of Terrorism Act by the trial court and this court having admitted the appeal against acquittal, the respondent original accused do not deserve to be released on bail. 2. Pursuant to the order passed by this court for initiating action under section 390 of Cr.P.C., the learned special Judge under the POTA 2002 ordered the release of the respondent on bail. The learned A.P.P. submits that while acquitting these respondents, the learned special Judge has not taken into consideration the confession made by them which is admissible as substantive evidence and which shows their complicity in the crime. 3. This will have to be considered on merits. On going through the order passed by the Special Judge, we find that the Special Judge was justified in ordering the release of the respondents on bail 3 and therefore, it does not call for any interference. No case is made out before us by the State for misuse of the bail by the respondents after they came to be released by the learned Special Judge by his order dt.12.8.05. In the circumstances, the application stands rejected. ( SHRI J.N. PATEL, J ) ( SHRI J.N. PATEL, J ) ( SHRI J.N. PATEL, J ) ( SHRI R.S.MOHITE, J ) ( SHRI R.S.MOHITE, J ) ( SHRI R.S.MOHITE, J )