..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1315 OF 2008 The State of Maharashtra. ..Applicant. Versus Vishal @ Suraj Arjunsingh Chouhan ..Respondent. .... Mr.Rajesh More, APP, for the Applicant-State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 23rd September, 2008. DATED : 23rd September, 2008. DATED : 23rd September, 2008. P.C.: 1. Heard the learned APP for the Applicant-State. None appears for the respondent, though served. 2. The applicant-State of Maharashtra has preferred this application for cancellation of bail granted to the respondent-orig.accused No.2. By order dated 23rd January, 2008 the learned Additional Sessions Judge for Greater Bombay, Borivali Division, Dindoshi-Goregaon, Greater Bombay granted bail to the respondent in C.R. No.18 of 2007 of Kasturba Marg Police Station. The said case is under Section 302, 393 and 304 of IPC and under Section 3 read with ..(2).. Section 25 of the Arms Act.. 3. The prosecution case is that Mahendra was carrying a bag in which there was gold jewellery. The applicant with the help of three other persons tried to rob Mahendra of the said bag containing gold jewellery at the point of deadly weapons. The applicant with one other accused caught hold of Mahendra and the accused persons tried to snatch away the bag, however, Mahendra refused to let go of the said bag. On seeing this, the accused persons assaulted Mahendra with deadly weapons i.e. choppers. Mahendra sustained seven injuries in the incident including fracture of the skull. The learned Sessions Judge has granted bail to respondent on the ground that there is no eye witness to the alleged incident. These observations made by the learned Additional Sessions Judge are entirely wrong and erroneous. The learned APP has pointed out that there are two eye witnesses to the incident i.e. Mitesh Shah and Mahesh Vyash. Both these witnesses have identified the present respondent in the test identification parade. Mahesh has specifically stated that the respondent was on motor-cycle and he ..(3).. had caught hold of Mahendra and the other accused assaulted him. Mahendra died in the incident. Thus, it is seen that the learned Sessions Judge has granted bail relying on erroneous grounds. Such an order cannot be allowed to stand and the order deserves to be set aside. 4. One of the other grounds on which the bail was granted by the learned is that accused Nos.1,3,5,6 & 7 had already been granted bail by the Sessions Court and on the ground of parity the applicant i.e. present respondent is also entitled for bail. As far as co-accused Nos.5, 6 & 7 are concerned it is not the prosecution case that they had personally participated in the incident of assault. No eye witness has identified them as having taken part in the incident. As far as accused No.1 James @ Jambo John Fernandes and original accused No.3 is concerned, bail was granted by the learned Sessions Judge on the ground that there is no eye witness which connects the said accused with the crime. 5. The learned APP has pointed out that besides the present case, the respondent-accused is involved ..(4).. in four other cases which are as under : ----------------------------------------------------- Sr. Police C.R.Nos. and Offences No. Station ----------------------------------------------------- 1. Dindoshi 339/2004 454, 457, 380 IPC. 2. Dindoshi 3298/2004 3, 25 Arms Act r/w. 37(1)(A). 3. Kasturba 300/2006 457, 380 IPC Marg 4. Kasturba 277/2006, 454, 380 IPC. Marg ----------------------------------------------------- 6. Looking to all the facts, this is a fit case to grant this application for cancellation of bail granted to the respondent-accused. Hence, the order dated 23.1.2008 passed by the learned Addl.Sessions Judge, Gr.Bombay, Borivali Division, Dindoshi-Goregaon, is set aside and bail granted to the applicant is cancelled. 7. Criminal Application is allowed and is disposed of accordingly. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)