Kalusingh Mango Rathod v. The State Of Maharashtra And Another

935-ACB.207-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 935 APPLICATION FOR CANCELLATION OF BAIL NO.207 OF KALUSINGH MANGO RATHOD

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Tambade P. G. h/f Mr. Kingaonkar N. Y.

APP for Respondent-State : Mr. A. A. Jagatkar. ...

CORAM : S. G. MEHARE, J.

DATE : 01.12.2022 PER COURT :- 1.

Heard the learned counsel for the applicant and the learned APP for the respondent-State.

2.

The application has been filed to cancel the bail granted to respondent No.2 Sudarshan, who is the husband of the deceased. Learned counsel for the applicant would submit that while granting the bail, the learned Additional Sessions Judge did not consider the charge sheet. On this sole ground, the cancellation is prayed.

3.

The law is well settled that for cancellation of bail, there shall be overwhelming circumstances, the person granted bail shall intervene the investigation, tamper with the prosecution

935-ACB.207-22.odt witnesses and the order granting bail must be arbitrary and perverse.

4. Perused the order granting bail. As far as the case of present applicant is concerned, it appears that the Court granting bail has considered the entire aspect and no perversity or arbitrariness appears from the order. Hence, the application stands dismissed at the admission stage without notice to the accused.

(S. G. MEHARE, J.) ...

vmk/-