P.V. Hardas, J.- The bail granted to the applicant by the Sessions Judge, South Goa. Margao by his Order dated 26th June 2001 was cancelled by the Sessions Judge, South Goa, Margao by his Order dated 13th November 2001. The Order by which the bail of the applicant was cancelled is impugned before me in the present application. The brief facts leading to the cancellation of the bail can be stated as under:

2. The applicant in the present application is being prosecuted vide Crime No. 14 of 2001 for offences punishable under Sections 395, 397, 427, 504 read with Section 34 of the Indian Penal Code. His application for bail was favourably considered by the learned Sessions Judge. South Goa Margao by granting bail to him on 26th June 2001. Thereafter an application for cancellation of bail came to be filed before the learned Sessions Court on 10th October 2001 through the Police Sub-Inspector. Sanguem Police Station. In the application for cancellation of bail it was stated that on 28th September 2001 at about 10.30 a.m. the present applicant had threatened the approver by name Robert Dias in the Court premises by saying 'Police witnesses are being shot'. It is further stated in the said application that the said Robert Dias had informed the concerned Police Officer regarding the threat extended by the applicant and the Police Officer had asked the said Robert Dias that he should complain in writing. Thereafter it appears that on 2nd October 2001 the said witness Robert Dias went to the Police Station and gave a written report narrating the threat extended by the present applicant. The application for cancellation of bail also referred to a complaint of one Shri Babu Dhakle Bandekar whose son is a witness in the Sessions Case regarding some unknown persons assaulting him and attempting to strangulate him. Shri Babu Dhakle Bandekar in his complaint has also referred to the fact of some unknown persons hurling a stone and damaging his motor vehicle. The said report of Shri Babu Dhakle Bandekar was filed on 5th October 2001. Relying on these two instances the Police Sub-Inspector of Sanguem Police Station prayed for cancellation of bail granted to the applicant.

3. In response to the notice from the learned Sessions Judge the applicant filed his reply dated 8th November 2001. In the said reply it was contended by the applicant that firstly no such incidents as are referred to in the complaints have taken place and secondly the alleged conversation which the applicant had with Robert Dias does not amount to extending threat to him. In short what is submitted was that the complaint regarding threat was a false complaint. When the application for cancellation of bail was taken up for hearing that is on 5th November 2001. Mr. Albano Viegas advocate produced an affidavit purported to have been signed by Robert Dias. Though the said Mr. Albano Viegas did not file a wakalatnama the learned Sessions Judge permitted him to produce the affidavit and had taken it on record. The learned Sessions Judge in paragraph 11 also remarked that he was informed that the said Robert Dias was present in the Court for filing the said affidavit. Be that as it may this affidavit forms a part of the record. The affidavit in terms states that the applicant had never threatened Robert Dias and it was at the instance of the Investigating Officer that Robert Dias was compelled to give a false complainant to the Police dated 2nd October 2001.

4. The learned Sessions Judge. South Goa. Margao in paragraph 17 of the Order has held that he had no hesitation in accepting the statement made by the P.S.I. Shri Manjunath Dessai (Investigating Officer) in the application filed by him for cancellation of bail. The learned Sessions Judge has further held that it was clear from the complaint dated 2nd October 2001 submitted by Robert Dias that the present applicant/ accused had threatened him that he would be shot in case the said Robert Dias remained a witness. The le