PANKAJ JIVDHAR KATKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule. Rule is made returnable forthwith. The learned APP waives service for Respondent No.1- State. The learned advocate Mr. S.J.Rahate waives service for Respondent No.2. At the request of both the sides, the matter is heard finally at the stage of admission.

(2.) The applicant is an accused from Crime No.405 of 2018 registered with MIDC Waluj Police Station lodged at the instance of Respondent No.2 for the offences punishable under Section 408, 409, 420, 470, 471, 477- A, 120-B read with Section 34 of the IPC. The offence was registered on 02.10.2018. He was arrested on 03.10.2018. After initial police custody he was remanded to magisterial custody. He submitted an application for bail. After calling the say of the prosecution, by the order dated 10.10.2018 the Magistrate granted him bail subject to suitable conditions.

(3.) Respondent No.2 submitted an application for cancellation of bail under Section 439(2) of the Cr.P.C. before the Sessions Court in Criminal Miscellaneous Application No.291 of 2018. By the impugned order dated 31.10.2018 the learned Additional Sessions Judge allowed the application and cancelled the bail. Hence this Writ Petition.