GULABRAO BABURAO DEOKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal seeks to challenge the judgment and order dated 6.8.2012 rendered by a Judge of the Bombay High Court at Aurangabad allowing the Criminal Application No. 2522/2012 filed by the respondent Nos.2 to 4 herein under Section 439 (2) and 482 of Code of Criminal Procedure, 1973 (Cr.P.C. for short). The High Court order cancelled the bail granted to the appellant herein in Crime No.13/2006 registered at the City Police Station, Jalgaon. The appellant (alongwith 56 others) has been charged for offences under Sections 120-B, 406, 409, 411, 420, 465, 466, 468, 471, 109 read with Section 34 of Indian Penal Code (I.P.C for short), and under Sections 13(2) read with 13(1) (c) and 13(1) (d) of the Prevention of Corruption Act, 1988. The appellant is accused no.34 in that case. The appellant was granted bail on 21.5.2012 by a common order below the applications filed by accused nos. 31 to 50 under Section 439(1) of Cr.P.C. by the Incharge Additional Adhoc District Judge No.1 and Additional Sessions Judge, Jalgaon. It is this order which has been set-aside by the High Court. The operation of the High Court has been stayed by this Court on 7.8.2012.

(3.) Mr. A.V. Savant, learned senior counsel and Mr. Sudhanshu Chaudhary have appeared for the appellant. Mr. Sanjay Kharde, learned counsel has appeared for the first respondent-State of Maharashtra. Mr. B.H. Marlapalle, learned senior counsel and Ms. Kamini Jaiswal, learned counsel have appeared for the respondent Nos.2 to 4.