NANDKUMAR BABULAL SONI Vs. CBI

JUDGEMENT

(1.) HEARD . By this application the order passed by the Special Judge on 26th June 2002, cancelling the bail granted to the applicant-accused by the order dated 10th July 2001 on the ground of tampering with the prosecution evidence, is challenged.

(2.) THE brief facts, necessary for the disposal of this application, are as follows:

(3.) ON behalf of the applicant it is contended that the said witness had not filed the affidavit at the behest or at the instance of this applicant, as the affidavit was relied on by his brother, who is not an accused, in his application for return of seized gold bars. Secondly, it is contended that it is not the case of the C.B.I. that it is this applicant who had brought any pressure on the said witness to change his stand or deviate from his statement made to the C.B.I. In any case he was not relying on the said affidavit and, therefore, it cannot be said that the said affidavit and, therefore, it cannot be said that the said affidavit was filed at the instance of this applicant. It is also contended that the brother Hiralal who had placed reliance on the said affidavit is not an accused person, who is carrying on separate business of his own.