BABULAL CHOTTELAL SHAH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mr. M. S. Mohite for the petitioner and Ms. J. S. Pawar for the State of Maharashtra. Rule returnable forthwith by consent. The APP waives service. By means of this application preferred under section 482/439 Cr. P. C. the petitioner prays that the order dated 27-2-1996 passed by the Additional Sessions Judge, Pune cancelling the provisional bail order dated 5-12-1994 passed in favour of the petitioner by the Additional Sessions Judge, Pune be quashed. The facts giving rise to this application may be briefly set out as under :- It appears that the petitioner is being prosecuted for offences under Section 307/341/352/506 (2)/109, 120b r/w 34 IPC, Section 3 r/w some other section of Indian Arms Act and Section 37 (i) r/w 135 of the Bombay Police Act.

(2.) CERTAIN facts in the instant case are not disputed by the counsel for the parties. They are :-

(3.) IT appears that in the instant case an application for further investigation under section 173 (8) of Cr. P. C. was moved before the concerned Magistrate and the same was allowed. It also appears that pursuant to that investigation, it was revealed that the petitioner was an arch conspirator. In view of this, additional material, the State of Maharashtra moved for cancellation of the petitioner's bail and the same was cancelled by the Additional Sessions Judge, Pune vide order dated 27-2-1996. Hence, this application.