JUDGMENT :

A. Pasayat, J. - Heard learned counsel for petitioner and learned counsel for State.

2. Petitioner was granted bail in G. R Case No. 146 of 1993 by learned SDJM, Karanjia. Subsequent to the grant of bail, charge-sheet was submitted indicating commission of offence punishable u/s 395, IPC. Learned SDJM was of the view that bail was granted on the premises that the petitioner and others had committed offence punishable u/s 384, !PC. In view of the submission of the charge-sheet u/s 395, IPC, bail bonds furnished by the petitioner were to be cancelled. Accordingly, he directed cancellation of bail and issued non-bailable warrant against the petitioner and others. Learned SDJM also took cognizance of offence punishable u/s 395, IPC. According to learned counsel for the petitioner, the order dated 5-3-1994 is indefensible because (a) an order of bail remains in operation unless it is cancelled under appropriate provisions, and (b) ingredients necessary to constitute offence punishable u/s 395, IPC are absent. Learned counsel for the State, on the other hand, supported the order.

3. So far as the first aspect is concerned, the position has been amply elaborated by the Apex Court