Babasaheb Kusnath Belhekar v. Siddharth Subhash Belhekar And Others

2024:BHC-AUG:1197 A.C.B. No.60/2023 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD APPLICATION FOR CANCELLATION OF BAIL NO.60 OF 2023 IN ANTICIPATORY BAIL APPLICATION NO.279 OF 2023 Babaasaheb s/o Kusnath Belhekar ... APPLICANT

VERSUS

The State of Maharashtra & ors.

... RESPONDENTS .......

Mr. H.I. Pathan, Advocate for applicant Mr. N.B. Narwade, Advocate for respondent No.1 and 2 Mrs. U.S. Bhosle, A.P.P. for respondent No.3 and 4 .......

CORAM : R.G. AVACHAT, J.

DATE :

19th JANUARY, 2024 O R D E R :

Heard learned counsel for the applicant. This is an application for cancellation of bail. It is a case of offence punishable under Sections 327, 324, 143, 147, 148, 149, 323, 504, 506 of the Indian Penal Code. The cancellation is mainly on the ground of breach of one of the condition of bail. 2.

According to the applicant, post grant of bail, the respondents No.1 and 2 had gone to the house of applicant and threatened him with dire consequences. In that regard, a report

A.C.B. No.60/2023 :: 2 ::

with the police has already been lodged. Whether they had really been to the house of the applicant and extended threats is a question of fact. The law will take its own course as regards the said incidence. It is informed that, it was a case of counter F.I.R. and both the parties had approached this Court for quashment thereof. Be that as it may. Whether the concerned respondents had really been to the residence of the applicant and gave him threats being a question of fact and that cannot be decided herein, this Court is not inclined to recall the order of bail granted to the concerned respondents. The application, therefore, stands rejected.

(R.G. AVACHAT, J.) fmp/-