(1) CRI.APP. 3413.2010+1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3413 OF 2010 Baburao S/o Bhaurao Shirsat .. Applicant VERSUS 1. The State of Maharashtra 2. Shakuntala w/o Vishnu Nagare 3. Sachin S/o Vishnu Nagare .. Respondents AND CRIMINAL APPLICATION NO. 4092 OF 2010 Baburao S/o Bhaurao Shirsat .. Applicant VERSUS 1. The State of Maharashtra 2. Shakuntala w/o Vishnu Nagare 3. Sachin S/o Vishnu Nagare .. Respondents ... Mr. Rajendra Deshmukh, Advocate for the Applicant Mr. S.S. Thombre, Advocate for the respondent nos. 2 & 3 Mr. B.J. Sonawane, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 23RD NOVEMBER, 2010 ORAL ORDER:- 1. These are Applications for cancellation of bail. 2. Heard learned Advocate and learned APP. 3. After filing of the Applications, the (2) CRI.APP. 3413.2010+1 chargesheet has been filed. The relevant evidence appearing in the chargesheet is therefore required to be considered in order to examine the legality and propriety of orders of bail. The learned Advocate for the applicants would point out that the respondent no.3 Sachin Nagare arrayed in Criminal Application no. 4092 of 2010 is a Police Constable and is instrumental in the context of the incident of assault. 4. Both the Applications for cancellation are remitted to the Court of Sessions for consideration and appropriate decision after hearing both the parties inasmuch as the request can be examined on basis of the material gathered during course of investigation and necessary orders can be passed in view of provisions of section 437(5) or section 439(2) of the Code of Criminal Procedure. Both the Applications are disposed of. Sd/- [V. R. KINGAONKAR, J.] arp