2012 ALL MR (Cri) 1117
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
D.G. KARNIK, J.
Balaram G. Gaikwad Vs. Harshwardhan Palande & Anr.
Criminal Bail Application No.1019 of 2011
19th December, 2011
Petitioner Counsel: Ms. ATSHA NARPALI, A. SIDDQUI and SHAVEZ MUKRI
Respondent Counsel: Mr. RANVIR S. SHEKHAWAT
Criminal P.C. (1973), Ss.439, 440 - Grant of Bail - Cancellation of - Allegation that respondent accused had threatened the father of deceased that he will be sent to his son who has been murdered - No denial of allegation by respondent accused - In the circumstances, bail granted to accused was cancelled. (Paras 4, 5)
JUDGMENT
JUDGMENT :- Petitioner is the father of the deceased who is alleged to have been murdered by the accused(Respondent)
2. This application is made by the Petitioner for cancellation of bail granted to Respondent No.1.
3. The Petitioner has filed an affidavit stating that the Respondent who is Accused No.1 in Criminal Case No. I-100/ 09 (Sessions Case No. 196 of 2009)) threatened him on 3rd May, 2011 that he will be sent to his son who has been murdered. An FIR about this incident was lodged with the Police, but the Police have not taken action. A copy of the letter given to the Police has been filed on record.
4. No affidavit-in-reply has been filed by Respondent No.1 denying the averments though the notice of this application was served on him on 30th October, 2011. Thus, there is no denial of the allegation of threatening by the Respondent No.1.
5. In the circumstances, bail granted to Respondent No.1 vide order dated 15th February, 2010 is hereby cancelled. Respondent No.1 shall surrender before the Trial Court within 10 days.