Shantaram Baliram Gavand v. Bharat Sherbahadur Khadka And ANR

appln.29-2016.doc Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 29 OF 2016 Shantaram Baliram Gavand ..Applicant Vs Bharat Sherbahadur Khadka & Anr ..Respondents ----- Mr. Vishal Patil for applicant.

Ms. Rutuja Ambekar, APP for State.

CORAM : A.S.GADKARI, J.

DATE : 13th FEBRUARY 2018.

P.C.:

1] This is an application for cancellation of bail granted to the respondent No.1 by the learned Additional Sessions Judge, Kalyan by its Order dated 10.12.2015 in Criminal Bail Application No.1472 of 2015. 2] Heard the learned Counsel for the applicant and the learned APP. Perused the record annexed to the application. 3] The respondent No.1 is an accused No.15 in CR No.I-100 of 2015 under Section 302 r/w 120B of the Indian Penal Code registered with Murbad Police Station, District-Thane.

The ground for cancellation of bail granted to the respondent No.1 is that, the mother of the respondent No.1 threatened the applicant 1/2

appln.29-2016.doc with dire consequences, if he fails to take back the complaint filed by him. The respondent No.1 has been released on bail by the Trial Court after taking into consideration various facts and circumstances involved in the present crime. As noted earlier, it is only one single isolated incident on which the bail granted to the applicant is sought to be cancelled. 4] After taking into consideration the impugned Order, this Court is of the view that the Trial Court has not committed any error in passing the impugned Order and at this stage there is no need to cancel the bail granted to the respondent No.1. In view thereof, the application is rejected. (A.S.GADKARI, J.) 2/2