{1} Cri. Application No.3469/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3469 OF 2010 IN CRIMINAL APPLICATION NO.2149 OF 2010 Gorakh Laxman Ambre APPLICANT VERSUS Macchindra Dattatraya Ambre & others RESPONDENTS ....... Mr S.S.Kazi, Advocate for the applicant Mr.N.R.Shaikh, APP for respondent State Mr.M.M.Nerlikar h/f Mr.S.T.Shelke, Advocate for R-1 and 2 ....... [CORAM : A.V.POTDAR, J.] DATE: 20th December 2010 PER COURT: 1. By this application, the original complainant has prayed for to recall the order passed by this Court on 06.07.2010 in Criminal Application No.2149/2010 thereby granting bail to the respondents-accused. 2. After this application was moved, learned APP was directed to call for the report as to whether the respondents- accused have misused the liberty granted by this Court. Accordingly, a report is submitted that the respondents – accused have not misused the liberty granted to them. 3. Learned counsel for the applicant has urged that the {2} Cri. Application No.3469/2010 respondents – accused have obtained the order of bail by misrepresentation. This Court is not in agreement with the submissions advanced on behalf of the applicant. For, in the order dated 06.07.2010, particularly in paragraph No.4, this Court has specifically observed that this Court had an occasion to go through the papers of investigation in both the crimes registered by the present applicant as well as registered against the applicant. When the order of this Court is passed after perusal of the papers of investigation in both the crimes, then it cannot be said that the order was based on the misrepresentation by the respondents- accused. However, the order is passed on merits. 4. Considering the submissions advanced before the Court coupled with the report submitted by the investigating officer that the respondents – accused have not misused their liberty, the application seeking cancellation of bail u/s 439 (2) of the Criminal Procedure Code is not sustainable in law and the liberty once granted, cannot be curtailed without any reasonable ground. 5. Consequently, the application, which is sans merits, stands rejected. [A.V.POTDAR, J.] drp/B10/criapln3469-10