[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.1316 OF 2008 The State of Maharshtra ..Applicant Vs. Nilesh Dilip Devkule ..Respondent ... Mr.K.V.Saste APP for Applicant-State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : AUGUST 13, 2008 DATE : AUGUST 13, 2008 DATE : AUGUST 13, 2008 P.C. P.C. P.C. 1. Heard the learned A.P.P. for the Applicant-State. None appears for the respondent though served. 2. By order dated 18.9.2006, this Court granted bail to the respondent-accused in CR No. 963 of 2005 of Swargate Police Station, Pune. The said case is mainly under Section 302 of IPC. The Applicant-State has moved this application for cancellation of bail granted to the respondent-accused. 3. The cancellation of bail is being sought on the [-2-] ground that after the respondent was released on bail, he has misused the liberty granted to him. Learned APP submitted that after being granted bail, the applicant has been involved in a number of crimes. 4. The learned APP has stated that while granting bail, a condition was imposed on the respondent that he will stay away from Pune city till trial in CR No.963 of 2005 is concluded. However, despite the condition imposed by this Court, the applicant has not only entered into Pune city limits but he has also been involved in many crimes in Pune city. The learned APP has pointed out that respondent is involved in C.R.No.12 of 2007 under Section 392 r.w. 34 of IPC, CR No.135 of 2007 under Sections 452, 506(2) r.w. 34 of IPC, CR No.618 of 2007 under Sections 457, 380 and 511 of IPC and CR No.896 of 2007 under Sections 384, 506(2) of IPC and r.w.Section 4(25) of Arms Act. All these C.Rs. are registered at Swargate Police Station, Pune. Besides this, the applicant has been involved in seven non-cognizable cases which are registered at Swargate police station. The details of which are as under: [-3-] --------------------------------------------------- Sr. N.C. Sections Date of No. Nos. Registration --------------------------------------------------- 1. 71/07 504,506, 427 IPC 5.01.07 2. 276/07 504, 506 IPC 21.1.07 3. 1802/07 504, 506 IPC 8.05.07 4. 1803/07 504, 506(1) IPC 8.05.07 5. 1814/07 323, 504 IPC 25.5.07 6. 2019/07 323, 504 IPC 22.8.07 ------------------------------------------------ 5. From the record, it is clear that the applicant has flouted the condition imposed on him by this Court. The fact that after being granted bail, the applicant is involved in four cases, shows that the applicant has misused the liberty granted to him by this Court. The list of various offences committed by the respondent after he was released on bail by this Court and the number of non-cognizable cases filed against him, shows that respondent has no respect for the law. The material on record also shows that the respondent is a habitual offender and if he remains on bail, he will further misuse the liberty granted to him by this Court. 6. Looking to the above facts, in my view, this is [-4-] a fit case to cancel the bail granted to the respondent. Hence, the bail granted to the respondent by this Court by order dated 18.9.2006 is cancelled. The applicant be taken into custody forthwith. 7. Application is disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]