..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1126 OF 2008 The State of Maharashtra. ..Applicant. Versus Vishal Champaklal Jain. ..Respondent. .... Mr.K.V.Saste, APP, for applicant-State. Mr.S.V.Marwadi, Adv. for the respondent. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 6th August, 2008. DATED : 6th August, 2008. DATED : 6th August, 2008. P.C.: 1. Heard the learned APP for the applicant-State and the learned Advocate for the respondent-orig.accused No.7. 2. The applicant-State of Maharashtra has preferred this application for cancellation of bail granted to the respondent-Orig.accused No.7 Vishal Jain. 3. The learned Sessions Judge granted bail to the respondent on the ground that no eye witness has implicated him and the case against the respondent-accused is based on circumstantial ..(2).. evidence. The learned Sessions Judge has also considered the fact that no active part in assaulting the deceased has been attributed to the respondent. It is noted that there is no recovery at the instance of the respondent. It is the prosecution case that though the respondent has not taken part in the incident, he is the person who has given a tip to the other accused persons and yet he was granted bail. The learned Sessions Judge has taken all these facts into consideration. There is no eye witness to the incident. There is no recovery at the instance of the respondent-accused and it is also seen that no active part in assaulting the deceased has been attributed to the respondent. 4. It is well settled that the consideration of grant bail and cancellation of bail are entirely different. Looking to the facts of this case, I do not think that this is a fit case for cancellation of bail. 5. Criminal Application is rejected. 6. At present the respondent is in custody in C.R. No.57 of 2007. It is made clear that after the ..(3).. respondent-accused is released on bail in the said C.R. the respondent shall report to DCB CID Unit-12, on every Monday and Thursday for a period of three months between 11:00 a.m. to 2:00 p.m., and thereafter once in a week, till conclusion of the trial. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)