1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.608/2010 (THE STATE OF MAHARASHTRA V/S REWATA CHAKRADHAR PAUL and others In Cri.APPLN/3103/2009 ) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mrs.R.R.Khekale, APP for the applicant. Mr. S.J.Salunke, Adv., for respondent nos. 1 to 6. ... CORAM: K.U.CHANDIWAL, J. DATE:7-4-2010 P.C.:- 1. The State has requested to cancel the bail granted to the accused/respondents, granted by order dt.11.9.2009. A sheet is produced specifying as to how the order of attendance has been obliterated by the accused, having got concession of bail in Crime No.149/2009. 2. The grievance of the accused is, in pursuance to the orders of this Court of recording attendance between 10 a.m. to 5 p.m. on every Sunday, till chargesheet was 2 adhered to in its letter and spirit, however, the Police Officer Mr.Ingole has, on occasions, not acknowledged such attendance, under the pretext, it is not required. The accused have, in their reply, flatly denied that they have abstained. In order to retort the contentions of the accused, today affidavit of Uddhav Kisanrao Ingole, Investigating Officer, is tendered by the learned A.G.P. He reiterates, in tune with the application about absence of the accused/applicants. 3. The fact remains, the accused could not, in the system, prevail upon the Police Officer to record acknowledgment of their attendance if the officer flatly refuse. The accused could have other ways and means of communicating by a letter of their attendance, however, having failed to do so, by itself, will not mean that they have deliberately or otherwise disobeyed the order of attendance. 3 4. During the course of submission, I have enquired with the learned A.P.P., whether, apart from the so called absence, is there any overt act from the accused to either influence the witnesses or to play with the investigation. The learned A.P.P. accepts no such eventuality has been surfaced or projected. 5. In the situation, the grounds on which the rejection of bail is sought, will not be fitting in the parameters of exceptional circumstances, to curtail the liberty already enjoyed. Criminal Application (No. 608/2010) is rejected. (K.U.CHANDIWAL) JUDGE ... agp/608-10crapl