STATE OF MAHARASHTRA Vs. ANIL VISHNU AHER

JUDGEMENT

(1.) THIS is an application filed by and on behalf of State of Maharashtra for cancellation of the bail granted by the 4th Additional Sessions Judge, Thane on 14.05. 1992 in favour of the respondents herein. The respondents were charged under 147, 148, 149, 336, 426, 302, 307 of I. P. C. vide C. R. No.46/92 registered at Mahatma Phule Chowk, Kalyan, Dist Thane. At the time of moving this application, no stay of order of trial has been granted by the court. Only rule was issued and it was made returnable on 21.2.1992.

(2.) I heard Public Prosecutor Shri. D. S. Mhaispurkar and Mrs. Pingale-Thakur holding for Shri. Dhakephalkar. Advocate for respondents. As I noted earlier, bail was granted by the trial court as early as on 14th May, 1992. The said order has not been stayed by this court. Therefore, it is presumed that order might have been worked itself out and the respondents were enlarged on bail. The ground on which the cancellation of bail was sought is likelihood of tampering the evidence by respondents. More than six years have been elapsed after the impugned order is passed. Both sides are not in a position to say about the present position of the case. Most probably, the trial of the case must have been concluded by trial court in which case, this application becomes infructuous. However, at this distance of time. I am not inclined to interfere with the order passed by the court below granting bail against the respondents.