PARASRAM NAGOJI BHONG Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application filed by the complainant in Sessions Case No. 100 of 1974 on the file of the Sessions Judge, Nanded, for cancelling the bail which is granted to the opponents 2 and 3---original accused Nos. 1 and 2.

(2.) It appears that in connection with the murder of the brother of the complainant, the accused Nos. 2 and 3 and others were prosecuted and were committed to the Court of session. An application for bail being filed, after hearing the objection on behalf of the State, the learned Sessions Judge was pleased to release accused Nos. 2 and 3 on bail with a direction that they should report themselves to the Police Station Osmannagar one every alternate day. The order was passed on the 23rd of September, 1974. Thereafter the complainant has straightway rushed to this Court with this application purporting to have been filed under Article 227 of the Constitution and section 561 of the old Code of Criminal Procedure, for quashing the order of the said bail.

(3.) We find that there is absolutely no substance in this application. In para 9 of this application, the complainant-petitioner has stated that he could have no grievance against the order of bail passed by the learned Sessions Judge. However, he goes on to observe that because the accused started giving him troubles and tempering with the evidence, he had not other alternative but to move this Court. In the first place he did not bother to make any such allegation before the learned Sessions Judge and, therefore, we do not see why we should at all consider his grievance which is sought to be made by the present application. Again, it is significant to note that if there were any truth in the application, the State would not have failed to perform its duty by moving the Court for cancellation of the bail. It is, therefore, evident that it is because of his private grudge that the complainant has moved this Court. In the circumstances, we find that there is no substance in this application and it is, therefore, rejected. Rule discharged.