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2010 Supreme(Bom) 1006

A.R.JOSHI
Mr. Khalid Yunus Patel – Appellant
Versus
Mr. Aslam Abdul Rahim Patel – Respondent


Advocates Appeared:
Mr. S. V. GAVAND, Advocate for the Applicant in Cri. Application No.2855/2009.
Mr. P. S. HINGORANI, A.P.P., for the Applicant-State in Cri. Application No.3389/2009.
Mr. O. A. SIDDIQUI, Advocate a/w. Mr. RAJENDRA RATHOD, Advocate for Respondent Nos.1 to 3.

JUDGMENT:- Heard rival submissions at length on these applications for cancellation of regular bail. Criminal Application No.2855/2009 is preferred by the original first informant injured challenging the order of bail passed on 8.6.2009 by the Additional Sessions Judge, Raigad-Alibag. By the said impugned order, bail application No.415 of 2009 preferred on the same day by present respondent Nos.1 to 3 was allowed granting them bail. The respondents are facing the charges punishable under Section 307 of IPC and also the offence of rioting armed with deadly weapons and also offence punishable under Sections 326, 324, 341 of IPC.

2. Out of the present two applications for cancellation of bail, one is preferred by the original complainant as mentioned above, whereas the another one bearing Criminal Application No.3389 of 2009 is preferred by the State. Both the said applications were respectively preferred on 23rd June, 2009 and 21st July, 2009 i.e. almost within a reasonable time of granting of the bail. However, due to the systemic delay, present matters were taken today before this Court for final hearing and passing of the orders.

3. Certain earlier events are rather peculiar in natu























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