1 Cri-A-4774-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 4774 OF 2009 The State of Maharashtra ... Applicant (Orig. opponent) Vs. Eknath Anant Nadkarni & Ors. ... Respondents (Orig.petitioners/ accused Nos.1,2,4 & 5) Ms. P.P.Shinde, APP, for the applicant - State. None fr the respondents. CORAM: J.H.BHATIA,J. DATE : 22nd February, 2011. P.C. 1. None for the respondents. Heard the learned APP for the State. Perused the impugned order. 2. The State has preferred this application for cancellation of bail granted to the respondents, who are original accused Nos. 1,2, 4 and 5 in Crime No.18/2009 registered at Dadamarg Police Station, District Sidhudurg. It appears that, for the reasons best known to the Government, the Falcon Company, dealing in mining operations,was favoured by the Government and permission for mining was granted to them. On the basis of that, said Falcon Company and its 2 Cri-A-4774-09.sxw employees wanted to take forcible possession of the agricultural lands of the cultivators. This was strongly opposed by the cultivators of the area as they did not want to lose their fertile land which was the only source of their income. Therefore, when the staff and the security men of the said Company want to take forcible possession, there was strong agitation and people pelted stones against the staff and security men of the said mining company. It appears that security men ran away but some stones pelted by the public landed on the head of deceased Yusuf Ismail Shaikh. Due to assault with sticks, stones, fist and kick blows by public, Yusuf Ismail Shaikh died and the said offence came to be registered. Taking into consideration the facts and circumstances, the learned Sessions Judge, Sindhudurg, by order dated 21.7.2009, granted bail to the respondents. That order is sought to be cancelled by this applicant. 3. Except that, in view of the facts and circumstances, the bail should not have been granted, no other specific ground is taken for cancellation of the same. It is settled position of law that when the Sessions Court has granted bail after appreciating the facts and circumstances, the High Court will not interfere merely because a different view could be possible if the evidence is re- appreciated. It is also settled position of law that if the order granting bail is per- se wrong, illegal or perverse, the High Court may certainly interfere and cancel 3 Cri-A-4774-09.sxw the order granting bail. In the present case, the learned Assistant Sessions Judge has considered the material in great length before coming to conclusion that the applicants should be granted bail. There is nothing to show that the order is per-se wrong, illegal and perverse. 4. Therefore, the application stands rejected. (J.H.BHATIA,J.)