( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2779 OF 2009 IN CRIMINAL APPEAL NO. 36 OF 2000 Naresh s/o. Dharamsingh Piwal .. Applicant Age. 40 years, Occ. Service, R/o. Balbhimnagar, Beed, Tq. & District Beed. Versus 1. Dipak s/o. Balbirsingh Sauda, .. Respondents Age. Major, Occ. Labourer, R/o. Balbhimnagar, Beed, Tq. & Dist. Beed. 2. The State of Maharashtra Shri A.B. Tidke h/f. Shri S.S. Thombre, Advocate for the applicant. Shri S.P. Katneshwarkar, Advocate for respondent No.1. Shri K.M. Suryawanshi, A.P.P. for respondent No.2/State. CORAM : P.R. BORKAR,J. DATED : 07.12.2009 P.C. :- 1. This is an application for cancellation of bail of respondent No.1 in Appeal No. 36 of 2000. It is alleged that respondent No.1 who was convicted in Sessions Case No. 16 of ( 2 ) 1999, of offence punishable under Section 307, 326 r/w 34 of I.P.C. and Section 27 (1) of Arms Act, has misused his liberty. He has indulged in another offence in as much as on 11.04.2009. Respondent No.1 has fired a country pistol on Pruthivi Dharamsing Piwal and injured him on nose. As a result of said assault, crime was registered on 11.04.2009 at Police Station, Peth, Beed. 2. Respondent No.1 was given notice of this application, but he did not file any say. 3. It is argued by advocate for respondent No.1 that the application for cancellation of bail is given by Naresh whereas F.I.R. is filed at the instance of Pruthivi and as such the application is not tenable at the instance of third party. However, the advocate for the applicant has stated that Pruthvi is brother of applicant Naresh. 4. The papers of Sessions case, against which the appeal is pending, clearly indicates that one Rotas s/o. Dharamsing so also informant Naresh were injured. So, present applicant is original complainant. Moreover, the ( 3 ) learned A.P.P. has filed report of Police Inspector of Police Station, Peth, Beed, in which it is stated that after release of respondent No.1, he has committed various offences. On 18.08.2007, one Raju Mahasing Tak lodged complaint that on 18.08.2007, respondent No.1 and his two brothers have indulged in stone pelting and creating terror and they damaged a jeep and a car. Similarly, in that matter, charge- sheet was sent against respondent No.1 and others. On 11.04.2009 Pruthivi Dharamsing Piwal was injured with a country made revolver and the bullet injured nose of Pruthivi and on that basis also crime was registered and charge-sheet was sent to the Court. It is further alleged that after release on bail, respondent No.1 has created atmosphere of terror in Bhangiwada, Balbhimnagar, Beed and he is bringing pressure on witnesses and punch. So, it is prayed that the bail of respondent No.1 may be cancelled. It support of the contentions, certified copies of F.I.R. are enclosed with the report. There is no denial of above said circumstances by present respondent No.1. 5. In the circumstances, this application is allowed. The bail granted to respondent No.1 by order of this Court in ( 4 ) Criminal Application No. 138 of 2000 is hereby cancelled. Issue nob-bailable warrant against respondent No.1 returnable after eight weeks. [P.R. BORKAR,J.] snk/2009/DEC09/cra2779.09