*1* kps I N THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2837/2009 Suresh Ankush Talashikar. ..Applicant -VERSUS- Hemant Digambar Mule and another. ..Respondents .... Mr.Vasant Prabhu, for the Applicant. Mr.D.P.Adsule, APP for the Respondent No.2/State. Mr.Madhukar Gopal Tupare, Police Inspector, Kurla Police Station, present in person. .... CORAM : S.C.DHARMADHIKARI, J. Date : 11th June, 2010. P.C. 1 Mr.Adsule, learned APP appearing for the Respondent No.2/State has filed an affidavit of the Investigating Officer Mr.Madhukar Gopal Tupare who is presently attached to the Kurla Police Station. Inviting my attention to the paragraphs Nos.7 and 9 of the affidavit, Mr.Adsule submits that the Respondent No.1 (Accused) has now been arrested and he is in custody of the Economic Offences Wing (Respondent No.2) and he was produced before the concerned Court and the Respondent No.2 will abide by all such orders as are made from time to time. 2 This is an application for cancellation of bail. The application was pending for considerable time before this Court *2* issued a notice on the same and also directed the Respondent No.2 to file an affidavit with regard to the steps taken to produce the Accused before the concerned Trial Court. In pursuance of the Court’s notice issued on 30.04.2010, an affidavit has been filed and a copy of which has also been handed over to the Applicant’s Advocate. 3 In the light of the statements made in the affidavit that the Respondent No.1 has been arrested; nothing survives in this application. However, the concerned Investigating Officer is cautioned hereafter and he should take prompt steps in apprehending the accused who are not abiding by the conditions imposed while granting bail and are absconding. It would not be sufficient to state that the Police machinery believes that the accused must be abiding by the terms and conditions imposed by the Court while granting bail. 4 Prima facie, the version placed on affidavit is not satisfactory but as the Investigating Officer is to retire from Police service within eight months, no inquiry or any action is directed to be taken against him, although the Investigating Officer has failed to perform his duty in law. With caution, the matter is closed. Application is disposed of. [ S.C.DHARMADHIKARI, J. ]