((-1-)) mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CLRIMINAL APPLICATION NO.1178 OF 2008 WITH CRIMINAL APPLICATION NO.161 OF 2008 Baburao Vitthal Gurav Applicant versus Gurana Bhimanna Birajdar & ors. Respondents Abhijeet J. Kandarkar for applicant. Y.S.Shinde, APP for State. CRIMINAL APPLICATION NO.1178 OF 2008 IN CRIMINAL APPLICATION NO.161 OF 2008 Guranna Bhimanna Birajdar & ors. Applicants versus The State of Maharashtra Respondent Mr.Tushar N. Sonawane for applicants. D.P.Adsule, APP for respondent. CORAM : A.S.OKA, J. DATE : 12th January 2009 PC : 1. Criminal Application No.161 of 2008 has been filed by the applicants (original accused nos.1 to 3, 6 and 7) for relaxation of condition of attendance imposed in order dated 15th February 2007 passed by this Court by which the applicants were enlarged on bail. By ((-2-)) the said order, the applicants were directed to report once in a week at South Akkalkot Police Station till the disposal of the appeal. The contention of the applicants in the said application is that due to the fact that they are busy with the agricultural operations, it is not possible for them to attend the Police Station once in a week till the disposal of the appeal. The learned advocate for the original appellants pointed out that in the meanwhile, the first appellant has expired. 2. Criminal Application No.1178 of 2008 has been filed by the original complainant. The said application is for cancellation of bail on two grounds. The first ground is that the appellants have not complied with the condition imposed by this Court of attending the concerned Police Station. The second ground is based on an incident of 4th July 2008 in which the second appellant (accused no.2) allegedly assaulted the applicant in the said application. It is stated that on the basis of complaint filed by the said applicant (complainant), a proposal has been submitted for initiating chapter proceedings against the second appellants. ((-3-)) 3. I have heard the learned counsel appearing for the appellants, learned APP for the State and the learned advocate for the applicant in Criminal Application No.1178 of 2008. It must be noted here that the Criminal Application No.161 of 2008 has been filed by the appellants in February 2008 and the application for cancellation of bail has been filed in October 2008. In Criminal Application No. 161 of 2008 the applicants have set out the grounds on which they are seeking relaxation. The case made out in Criminal Application No.1178 of 2008 is not that the appellants have not attended the Police Station but the case is that the appellants have not marked their attendance once in every week. 4. The alleged incident of 4th July 2008 has been denied by the second appellant by filing a reply. It appears that on the basis of the said incident, chapter proceedings have been initiated against the second appellant. Considering the nature of the alleged incident and the denial of the second appellant, this is not a ground to cancel the bail. ((-4-)) 5. The appeal is of the year 2007. Considering the pendency of very old appeals in this Court, the same is likely to remain pending in this Court for a period of ten years and more. The substantive sentense against the appellants is of rigorous imprisonment for three years. Considering these aspects, the condition imposed by this Court regarding marking attendance at the Police Station will have to be relaxed by permitting the appellants to mark the attendance once in a month. 6. Hence, I pass following order :- a) Criminal Application No.1178 of 2008 is rejected. However, the rejection of the application will not affect the merits of the complaint of the applicant and the pending chapter proceedings; b) Criminal Application No.161 of 2008 is partly allowed; c) The condition incorporated by clause (4) of the order dated 15th February 2007 in Criminal Application No.137 of 2007 is relaxed; ((-5-)) d) The appellants are directed to report once in every calender month at the South Akkalkot Police Station till the disposal of the appeal; e) Parties, Police authorities and all concerned to act on an ordinary copy of this order duly authenticated by the Registry. (A.S.OKA, J.)