STATE OF MAHARASHTRA Vs. VISHNU PATIL

JUDGEMENT

(1.) THIS is a Petition under Section 439(2) of the Code of Criminal Procedure challenging the order of bail dated 15-4-1989 in Criminal Misc. Application No.76 of 1989 on the file of the Additional Sessions Judge, Raigad.

(2.) THE Respondents were arrested by the police of Nagothane Police Station for alleged offence under Section 364 and 384 read with Section 34 I.P.C. THE accused moved an application for bail. This was objected to by the learned Public Prosecutor. After hearing both the sides, the learned Sessions Judge granted bail on certain terms and conditions. Being aggrieved by the order of bail granted by the learned Sessions Judge, the prosecution has approached this Court under Section 439(2) Cr.P.C.

(3.) TWO offences in question are not exclusively punishable with death or imprisonment of life, Hence the learned Sessions Judge has jurisdiction to grant bail even under Section 437 of the Cr.P.C. When once the trial Court has granted bail by giving certain reasons, it is no ground to interfere with the same even if another view is possible. Hence taking any view of the matter, this is not a fit case for cancelling the bail after the lapse of six years and particularly when no subsequent materials are placed on record to show that the accused have violated any of the bail conditions or otherwise interfered with the investigation of this case.