1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.11 OF 2010 1. Samadhan S/o.Sandu Dawre, Age-27 years, Occu-Service, R/o.Mhada Colony, Walunj Mahanagar, MIDC Walunj, Dist. Aurangabad 2. Janardhan S/o.Sandu Dawre, Age-24 years, Occu-Service, R/o.Jawahar Colony, Aurangabad 3. Eknath S/o.Sandu Dawre, Age-20 years, Occu-Labour, R/o.Mhada Colony, Walunj Mahanagar MIDC Walunj, Dist. Aurangabad APPLICANTS VERSUS 1. The State of Maharashtra, 2. Ajinath Ramlal Zond, Age-23 years, Occu-Agriculturist, R/o.Leha Khedi, Tq.Sillod, Dist.Aurangabad RESPONDENTS Mr.N.G.Shah, learned counsel for applicants. Mr.N.B.Patil, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 15/02/2010 PER COURT : 1. By the present application, the applicants have approached 2 this Court for their release on bail in connection with CR No. 280/2007 , registered in MIDC Walunj Police Station. 2. Heard learned counsel for applicants followed by the submissions of learned APP appearing for the State. 3. It appears that earlier the applicants were released on bail by the Learned Sessions Court vide order dated 22/11/2007 in Cri.Bail Petition No.1695/2007. It appears that the said order of bail was cancelled as the original complainant filed an application Cri.M.A.No. 190/2007 u/s. 439(2) of The Cr.P.C. for the cancellation of bail. The applicants appeared before the Learned Court of Sessions through their advocates when the application appeared to be heard and when the order came to be passed on 16/11/2009, counsel for present applicants was not present in the Court. There is specific allegations in the application that without hearing the counsel for applicants, the application for cancellation of bail was allowed vide order dated 16/11/2009 and thereafter the present applicants came to be arrested and taken in custody. As the order came to be passed without hearing the counsel for present applicants, the order of cancellation of bail dated 16/11/2009 is hereby set aside with a directions to the learned Additional Sessions Judge-1, Aurangabad to give an opportunity to the applicants before cancellation of bail which order was earlier passed. 4. Parties to appear before the learned Sessions Judge, who is 3 holding charge of Sessions Case No.365/2009 within one week from the date of this order. Registry to send back the R & P received from the Lower Court immediately. (A.V.POTDAR, J.) khs/FEB 2010/cri.appl.11-10