The State Of Maharashtra, Through P.S.O. P.S. Ajni, Nagpur v. Satyandra S/O Narmadaprasad Sinha

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Criminal Application [APPLN] No.116 of 2014 [The State of Maharashtra Vs. Satyandra Narmadaprasad Sinha] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. S.S. Doifode, APP for applicant-State.

None for the respondent.

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CORAM

:

V.M. DESHPANDE, J.

DATE :

15th September, 2015.

Heard learned APP Mr. S.S. Doifode for the Applicant-State. Counsel for the respondent is absent. The present application is filed under Section 439

(2) of Criminal Procedure Code, for cancellation of the regular bail granted by learned Second Additional Sessions Judge, Nagpur, in favour of respondent in Misc. Criminal Application No. 1376 of 2014, vide Order dated 3rd July, 2014 in the crime involving an offence punishable under Section 302, Indian Penal Code. Crime No. 127/14 was registered against the respondent for the offence punishable under Section 302, Indian Penal Code. The order granting bail shows that the element of intention is clearly absent in the prosecution case and on a sudden provocation, a single

blow was given by the applicant. Though at the time of granting bail, the investigation was not over, the learned APP now submits that investigation is already over. Looking to the material available against the present respondent, I see no reason to interfere with the discretion granted in favour of the respondent. Hence the application is rejected.

Judge |hedau|