JUDGMENT - VISHNU SAHAI, J. :---Heard Mr. M.S. Mohite for the petitioner and Ms. J.S. Pawar for the State of Maharashtra.

Rule returnable forthwith by consent. The A.P.P. waives service. By means of this application preferred under section 482/439 Cr.P.C. the petitioner prays that the order dated 27-2-1996 passed by the Additional Sessions Judge, Pune cancelling the provisional bail order dated 5-12-1994 passed in favour of the petitioner by the Additional Sessions Judge, Pune be quashed.

The facts giving rise to this application may be briefly set out as under:-

It appears that the petitioner is being prosecuted for offences under sections 307/341/352/506(2)/109, 120-B r/w 34 I.P.C., section 3 r/w, some other sections of Indian Arms Act and section 37(i) r/w 135 of the Bombay Police Act.

2. Certain facts in the instant case are not disputed by the counsel for the parties. They are:-

a) The petitioner was granted provisional bail vide order dated 5-12-1994 passed by the Additional Sessions Judge, Pune on the ground that though six months had elapsed but, no material connecting him with the crime had been collected by the police;

b) That right from 5-12-1994 till today, the petitioner

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