LALIT LAXMANDAS SONI Vs. STATE OF UNION TERRITORY

JUDGEMENT

(1.) These two applications can be conveniently disposed of by this common order as the applicants in both the applications are the same and the questions needing determination are also same.

(2.) The applicants are the accused in two cases registered by Nani Daman Police Station. The cases are in respect of the offences punishable under Sections 406 and 420 of the Indian Penal Code (IPC) read with Section 34 thereof. In one case, i.e. C.R.No.30 of 2013, the applicants were apprehended on 24.1.2013. While they were in custody in that case, they were apprehended in C.R.No.101 of 2012 on 12.2.2013. The police completed the investigation of both these cases and filed chargesheets in both the matters. The learned Magistrate by two separate orders, one passed on 3.4.2013 and the other on 15.4.2013, directed the applicants to be released on bail in the sum of Rs.25,000/ each. Aggrieved by the orders releasing the applicants on bail, the Union Territory of Daman moved the Sessions court for cancellation of bail granted to the applicants. The Sessions Judge after hearing the parties, by two separate orders, passed on 9.5.2013, canceled the bail granted by the Magistrate to the applicants. The applicants, being aggrieved by this cancellation, have approached this court, by way of the present application.

(3.) I have heard B.D.Chauhan, the learned counsel for the Applicants, and Mr.D.A.Nalawade, the learned Public Prosecutor for Union Territory. With the assistance of the learned Public Prosecutor, I have ascertained the nature of allegations against the applicants.