SALIM KHAN SAHEB KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Admit. Heard forthwith with the consent of the learned counsel for respective parties.

(2.) The applicants pray for to quash and set aside the order dated 29/07/2011 passed by the learned J. M F C Court no 2, Chandur Bazaar under section 437(5) of the Criminal Procedure Code, 1973, in Crime No. 35 of 2011 whereby the bail granted earlier in favour of the applicants was cancelled. The court considered the application for cancellation on the ground that there was complaint as to violation of the bail order as they were not to enter village Kharpi till the filing of the charge sheet by the Shirasgaon Police in the case. The court found the ground pleaded by the complainant as doubtful and without merits. But on the ground that the offence appeared serious punishable with imprisonment for life, the court decided to cancel the bail. The applicants prayed, in the alternative, for the order of anticipatory bail.

(3.) Heard submissions at the Bar. The facts appear as under : FIR No. 35 of 2011 was lodged on 02/07/2011 at Shirasgaon Police Station in District Amravati by first informant Sheikh Sattar Sheikh Karim under section 324,147,148,149 of the IPC against applicants on the ground that they had raised quarrel over the boundary of the agricultural field and the access road and assaulted first informant, and family members by means of axe, iron pipe,and sticks. Learned JMFC, Chandur Bazaar was pleased to grant conditional bail in favour of the applicants upon execution of bond in the sum of Rs 15000/ and furnishing a solvent surety by each of them and a conditions were added that they will not enter Kharpi village till the filing of the charge sheet in the case and shall not tamper with evidence. Warning was given that if they enter in the Kharpi village till the charge sheet is filed, their bail shall be cancelled. After recording supplementary statement and perusal of the C.T. Scan, medical document and certificate as to the nature of the injury caused to head of the first informant, on 19/07 2011 section 307 IPC was introduced in the accusations made earlier. Police sought to arrest the accused again for investigation and prayed for to cancel the bail granted earlier. The first informant applied for cancellation of the bail on the ground that the offence is serious, punishable with life imprisonment and alleged that the accused have managed the police to register simple offence under section 324 of the IPC instead of under section 307 of IPC and further on the ground that the accused gave threat to kill complainant and his relatives. However the first informant failed to substantiate the grounds pleaded by him. Heavy reliance is placed for the applicants upon the ruling of the Supreme Court in Dolat Ram v. State of Haryana, 1995 1 SCC 349 in which it is held as under: