NANDAKUMAR SHANKAR MHATRE Vs. DAYANAND MAHADEV MHATRE

JUDGEMENT

(1.) This is a petition for cancellation of bail under section 439(2) of the Criminal Procedure Code.

(2.) The respondents are the accused in C.R. No. 17 of 1988 of Nhava Sheva Police Station for the offence punishable under sections 302, 147, 148, 149, 323, 114, 207 and 326 Indian Penal Code. They were released on bail by the Sessions Court by three different orders. After they were released on bail they abused the liberty granted to them and they had attacked the house of one Dilip Dayaram Mhatre and the Uran Police Station registered offences against them for the offences punishable under sections 147, 148, 336, 504 and 506 I.P.C. It has been alleged in the petition that there was sufficient evidence against the respondents (sic) respondents for the commission of the offence under section 302 read with section 149 I.P.C. The learned Sessions Judge released them on bail and they abused the liberty granted to them. It was further alleged that an application was made to the Sessions Judge for cancellation of bail on 23rd August, 1988 and though it was registered, was not taken up by the learned Sessions Judge. The respondents opposed the petition by filing an affidavit in reply of one Pandurang Chandrakant Mhatre-respondent No. 17.

(3.) In this case I have heard the matter earlier on 4th October, 1988 and on that day I dictated oral judgment when the judgment was transcribed, it was noticed that there was confusion regarding the respondents and their numbers as accused and in order to remove the confusion I recalled the oral judgment delivered on 4-10-1988 and the matter was posted to 17th October, 1988 for rehearing. After the matter was posted for hearing the affidavit-in-reply dated 13th October, 1988 has been filed.