GANESH SURESHSINGH PARDESHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present application has been moved by the applicant assailing the order cancelling his bail granted in Crime No.13 of 2020 registered with Police Station Yeola City for offences punishable under Section 376-D, 107, 212, 506 read with 34 of the Indian Penal Code (IPC).

(2.) It appears from the record the the present applicant was granted bail on 17th July 2020 by the learned Additional Sessions Judge, Niphad with a direction that the applicant shall not pressurize the victim or any other witness and shall not tamper the evidence. It further appears from record that later on Police Station Yeola City through Dy.S.P., Manmad filed an application against the applicant under Section 439(2) of Code of Criminal Procedure for cancellation of bail granted to him by the learned Additional Sessions Judge, Niphad, on the ground that the present applicant committed breach of the condition of the bail order dated 17th July 2020.

(3.) It was alleged that the Test Identification Parade of co-accused namely Nana @ Ravindra @ Rajendra Ramdas Diwate was to be conducted on 7th October 2020 and when it came to the knowledge of the applicant-accused, he allegedly visited the house of the prosecutrix on 6th October 2020, at about 9.00 p.m. and threatened the father of the prosecutrix that if he sent the prosecutrix to Central Jail for Test Identification Parade, he shall suffer serious consequences. Because of the threats, the prosecutrix suffered low blood pressure and was required to be hospitalized. Even N.C.Report bearing No.437 of 2020 came to be registered against the applicant under Section 504 and 506 of the IPC. The learned Additional Sessions Judge after hearing both the parties was pleased to allow the application and cancelled the regular bail granted to the applicant. It is this order which is now assailed in the present bail application.