Kalusingh Mango Rathod v. The State Of Maharashtra And Another

935-ACB.206-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 935 APPLICATION FOR CANCELLATION OF BAIL NO.206 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 Jagdish, who is the brother-in-law 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. The law is well settled that for cancellation of bail, there shall be overwhelming circumstances, the person granted bail shall intervene the

935-ACB.206-22.odt investigation, tamper with the prosecution witnesses and the order granting bail must be arbitrary and perverse.

3. Perused the order granting bail. The specific reasons have been given by the learned Additional Sessions Judge in paragraph No.8 of the impugned order. Role attributed to the applicant has also been discussed. The informant was also heard. The reasons given by the learned Additional Sessions Judge, Jalgaon while granting bail appears within the four corners of the law. There is nothing on record to believe that the order of the learned Additional Sessions Judge is arbitrary and perverse. Hence, the application stands dismissed at the admission stage without notice to the accused. (S. G. MEHARE, J.) ...

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