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2022 Supreme(Bom) 798

SHRIKANT D.KULKARNI
Ravindra s/o Mansingh Jadhav – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. A. D. Ostwal, K. D. Jadhav
For the Respondent: Mr. S. P. Deshmukh

JUDGEMENT :

1. The petitioner is challenging the order of cancellation of bail passed by the Additional Sessions Judge, Aurangabad dated 14.7.2022.

2. Heard Mr. A.D.Ostawal, learned counsel for the petitioner and Mr. S.P.Deshmukh, learned APP for the State.

3. Mr. Ostwal, learned counsel for the petitioner vehemently submitted that the Additional Sessions Judge, Aurangabad had earlier granted bail to the petitioner vide order dated 10.06.2022 in Cri. BA No.967 of 2022. The same court cannot cancel that bail by invoking section 439(2) of the Criminal Procedure Code, 1973. He submitted that, it is for the higher court to cancel bail and not the Court which had granted the bail. He submitted that though the petitioner has suppressed the fact of decision of rejection of bail petition by the High Court, even in that case, the Additional Sessions Judge has no jurisdiction to cancel its own order of bail and direct the petitioner/accused to surrender before the Court. He submitted that, the impugned order is bad in law and liable to be quashed and set aside. He submitted that bail has been granted to the petitioner on merits. The property has been recovered. As such there is no need to keep

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