PARVATABAI BABASAHEB GANGURDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) Rule. The Rule is made returnable forthwith. With consent of both the sides, the matter is heard finally at the stage of admission.

(3.) Stated in brief, the facts leading to the filing of this Writ Petition, invoking the powers of this Court under Articles 226 and 227 of the Constitution of India and Section 482 of the Code of Criminal Procedure ("Code", for short), are to the effect that Crime No.950/2020 was registered with Shrirampur City Police Station, for the offences punishable under Sections 143 , 147 , 148 , 149 , 302 , 323 , 324 , 337 , 504 , 506 of the Indian Penal Code and for the offence punishable under Section 25 read with Sections 3 and 7 of the Arms Act, on 24.05.2020. The petitioners were also roped in as accused and were arrested on 24.05.2020. On that day, when they were produced before the Magistrate, he remanded them to magisterial custody. They filed an application seeking bail purportedly in view of the first proviso to Section 437 of the Code, being women. After soliciting say from the prosecutor, by the order passed on 02.06.2020, the learned Magistrate granted bail to the petitioners subject to usual terms and conditions. Being aggrieved and dissatisfied with such release of the petitioners on bail, the original informant filed Criminal Misc. Application No.107/2020 in the Sessions Court at Shrirampur seeking cancellation of the bail, invoking the powers of the Sessions Court under Section 439 of the Code. By the impugned order dated 21.07.2020, the learned Additional Sessions Judge allowed the Application and cancelled the bail. Hence this Writ Petition.