1 wp1438-11.doc ttm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.1438 OF 2011 Dhonu Darashan Das .. Petitioner Vs. State of Maharashtra .. Respondent Dr.Sarbjit Sharma with Mr.Kuldeep S. Patil for the petitioner Mrs.A.A.Mane, A.P.P. for the State CORAM: K.K.TATED, J. DATE: 20th MAY, 2011 PC: 1. Leave to amend. 2. Heard the learned counsel for the parties. 3. By this petition under Article 227 of the Constitution of India, the petitioner is challenging the order dated 13.5.11 passed by the learned Additional Sessions Judge, Raigad at Alibag in Criminal Misc.Application No..368 of 2011 by reducing the period of bail granted to the petitioner 2 wp1438-11.doc originally for five weeks as per order dated 10.5.11. The learned counsel for the petitioner submits that initially the order dt.10.5.11 was passed by considering the report submitted by the Police Authority. There was no reason to recall the order without giving any notice to the petitioner. 4. The learned A.P.P. appearing on behalf of the respondent submits that they filed an application below Ex.9 on the basis of subsequent report submitted by police authority dated 13.5.11. The said report is on page 35 in the present writ petition. I have gone through the said report. In para 13, the reason given by the police authority is that the petitioner hails from Delhi, and he may abscond. 5. I do not find any reason why the learned Additional Sessions Judge, Raigad at Alibag modified the order dt. 10.5.11, that also only on the basis of report submitted by the police authority dated 13.5.11. 6. Considering the submissions made by the learned counsel for the petitioner and the averments made in the petition, the reason given for claiming reduction of the period of bail, does not appear to be proper. Hence, the impugned 3 wp1438-11.doc order dt.13.5.11 passed by the learned Additional Sessions Judge, Raigad at Alibag below Ex.9 in Criminal Misc.Application No..368 of 2011 is set aside. 7. Writ Petition is disposed of accordingly. 8. No order as to costs. (K.K.TATED,J.)