JUDGMENT

Dr. ARIJIT PASAYAT, J.—

1.Leave granted.

2.Challenge in this appeal is to the order passed by a learned Single Judge of the Bombay High Court cancelling the bail granted to the appellant, by exercising power under Section 439(2) of the Code of Criminal Procedure, 1973 (for short the ‘Code’).

3.The facts as projected by the appellant in a nutshell are as follows :

4.On 4th February, 2006 First Information Report was lodged by the respondent No.1 alleging that he and his friend named Girish Shetty, were attacked by the appellant and some other unidentified persons, resulting in injuries. The appellant was arrested on 4th February, 2006. He filed an application for grant of bail. By order dated 10th February, 2006 learned Additional Chief Metropolitan Magistrate 4th Court, Girgaum, Mumbai, directed release of the appellant on bail on his furnishing a surety for a sum of Rs.10,000/-. According to the appellant, respondent No.1 was not happy with the grant of bail and wanted to scare the appellant and, therefore, on various occasions threatened him. The appellant had lodged report with the police and on 21st February, 2006, his complaint was registered as N.C. complaint. Again on 4