[1] IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CrRIMINAL APPELLATE JURISDICTION CrRIMINAL APPELLATE JURISDICTION CrRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1490 OF 2006. CRIMINAL APPLICATION NO. 1490 OF 2006. CRIMINAL APPLICATION NO. 1490 OF 2006. Shri Surendra H. Shetty ... Applicant Shri Surendra H. Shetty ... Applicant Shri Surendra H. Shetty ... Applicant V/s V/s V/s Kisan Tulsidas Vasita and others ..Respondents. Kisan Tulsidas Vasita and others ..Respondents. Kisan Tulsidas Vasita and others ..Respondents. None for the applicant None for the applicant None for the applicant Mr. Subhash Jha i/b Law Global for respondents 1 to 5 Mr. Subhash Jha i/b Law Global for respondents 1 to 5 Mr. Subhash Jha i/b Law Global for respondents 1 to 5 Mr. S.S. Pednekar for the State. Mr. S.S. Pednekar for the State. Mr. S.S. Pednekar for the State. CORAM : S.C. DHARMADHIKARI, J. CORAM : S.C. DHARMADHIKARI, J. CORAM : S.C. DHARMADHIKARI, J. DATE : 13TH OCTOBER, 2006. DATE : 13TH OCTOBER, 2006. DATE : 13TH OCTOBER, 2006. P.C. P.C. P.C. . None was present on the earlier occasion for the . None was present on the earlier occasion for the . None was present on the earlier occasion for the applicant as well. However, notice came to be issued by applicant as well. However, notice came to be issued by applicant as well. However, notice came to be issued by me to the original accused principally, in the light of me to the original accused principally, in the light of me to the original accused principally, in the light of the fact, that the learned Judge has enlarged them on the fact, that the learned Judge has enlarged them on the fact, that the learned Judge has enlarged them on bail during the course of investigation. bail during the course of investigation. bail during the course of investigation. 2. An affidavit in reply is filed by Shri Jha 2. An affidavit in reply is filed by Shri Jha 2. An affidavit in reply is filed by Shri Jha appearing for the original accused/respondent Nos. 1 to appearing for the original accused/respondent Nos. 1 to appearing for the original accused/respondent Nos. 1 to 5, pointing out that the alleged incident is false. It 5, pointing out that the alleged incident is false. It 5, pointing out that the alleged incident is false. It a counter case against respondent Nos. 1 to 5, who had a counter case against respondent Nos. 1 to 5, who had a counter case against respondent Nos. 1 to 5, who had lodged a complaint prior to the incident as well lodged a complaint prior to the incident as well lodged a complaint prior to the incident as well thereafter alleging several acts on the part of the thereafter alleging several acts on the part of the thereafter alleging several acts on the part of the [2] complainant, including creating nuisance and complainant, including creating nuisance and complainant, including creating nuisance and obstruction. He has relied upon the statements in the obstruction. He has relied upon the statements in the obstruction. He has relied upon the statements in the affidavit filed in reply. He has also affidavit filed in reply. He has also affidavit filed in reply. He has also contended that the incident is not what contended that the incident is not what contended that the incident is not what is narrated and the true facts are not set out in the present petition. the true facts are not set out in the present petition. the true facts are not set out in the present petition. 3. In the light of this and 3. In the light of this and 3. In the light of this and when now the now the now the investigations are complete and charge-sheet is filed, investigations are complete and charge-sheet is filed, investigations are complete and charge-sheet is filed, no useful purpose will be served by going into the rival no useful purpose will be served by going into the rival no useful purpose will be served by going into the rival contentions. Application for cancellation of bail is contentions. Application for cancellation of bail is contentions. Application for cancellation of bail is rejected. However, all observations made by the learned rejected. However, all observations made by the learned rejected. However, all observations made by the learned Judge shall be treated as prima-facie and tentative and Judge shall be treated as prima-facie and tentative and Judge shall be treated as prima-facie and tentative and shall not influence the out come of the case in any shall not influence the out come of the case in any shall not influence the out come of the case in any manner. Application is disposed of. manner. Application is disposed of. manner. Application is disposed of. ( S.C. DHARMADHIKARI, J.) ( S.C. DHARMADHIKARI, J.) ( S.C. DHARMADHIKARI, J.) [3]