Single-judge criminal application seeking cancellation of bail granted to respondents. Bench observed that FIR and charge-sheet did not allege offence under section 307 IPC; thus Magistrate was competent to grant bail. Application dismissed.
Application for cancellation of bail dismissed summarily.
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FARAD CONTINUATION
IN THE HIGH COURT OF JUDICATURE AT WPBOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2779 OF 2009
Office Notes, Office Memoranda of
Court's or Judge's Orders
Coram, appearances, Court's Orders or directions and Registrar's Orders
Mr. B.A. Lawate i/b Mr. R.V. Bansode for the applicant.
Mr. Santosh Deshpande for respondent nos.2, 3, 4, 6 and 7.
Ms. A.T. Jhaveri, A.P.P. for the State.
CORAM : D.G. KARNIK, JJ.
DATE : 25TH NOVEMBER 2009
P.C. :
read with section 439(2) of the Cr. P.C., the
applicant, who is the original complainant,
prays for cancellation of bail granted to the
respondent nos.2 to 7 by the Metropolitan Magistrate, 17th Court, Borivali vide his order
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dated 6th June 2009.
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Magistrate has also stated that the report sent by the concerned police station to the court on 31st March 2009 does not disclose commission of an offence punishable under section 307 of the I.P.C. Before the Magistrate, it was submitted by the A.P.P. that the police had subsequently added section 307 of the I.P.C. and were to submit supplementary report. There was, however, no material before the Magistrate when he passed the impugned order that offence under section 307 of the I.P.C. was committed and no charge-sheet under section 307 of I.PC. was filed by the police. In the circumstances, it cannot be said that the learned Magistrate was not competent to grant bail.
2 issues framed by the court
Whether the Magistrate had jurisdiction to grant bail in a case where the applicant alleged an offence under section 307 IPC was committed.
Whether the applicant's claim that the offence is punishable only by a Court of Sessions warrants cancellation of bail.
Mr. B.A. Lawate (as applicant/original complainant)
State of Maharashtra
Respondent Nos. 2-7
D.G. Karnik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
