IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL WRIT PETITION NO. 7 OF 2009 MR. GURUDAS KUNDAIKAR THROUGH BROTHER CHANDAN RAJARAM KUNDAIKAR ... Petitioner Versus STATE OF GOA THROUGH P. P. ... Respondent Mr. J. Godinho, Advocate for the petitioner. Ms. Winnie Coutinho, Public Prosecutor for the State. Coram:- C. L. PANGARKAR, J. Date:- 10th February, 2009 P.C. This is a writ petition filed against the order passed by the Judicial Magistrate, First Class, whereby he cancelled the bail of the accused and remanded him to Judicial custody. 2. The accused is facing trial before the Judicial Magistrate. Witness No.4/Anwar Shaikh was being examined in the Court, as a prosecution witness. During the course of his cross examination, he admitted that the accused met him outside the Court. Since the witness stated before the Court that the accused met him outside the Court, the Court found that the accused had tried to tamper with the prosecution witness and as such cancelled the bail and remanded him to Judicial custody. Being aggrieved, this petition has been preferred. 3. I have heard the learned counsel for the petitioner as well as the respondent State. 4. After having heard the learned counsel and after having read the examination of the witness Anwar Shaikh, it is apparent that the witness does admit having met the accused outside the Court. The Judicial Magistate fell in error in drawing an inference that the accused had tampered with the prosecution witness and cancelled the bail of the accused. There is no other material in the examination of the witness to show that the accused had, in any way tampered with the prosecution witness since there is nothing on record to show that the accused had tried to influence the prosecution witness and as such there was no reason for the Judicial Magistrate to draw such an inference. The order of the Judicial Magistrate suffers from impropriety and illegality. It is accordingly set aside. The Writ petition is allowed. The order passed by the Judicial Magistrate is set aside. The accused is set at liberty forthwith, if not required in any other case on executing fresh bond before the Judicial Magistrate, First Class. 5. Authenticated copy be issued to the petitioner. C. L. PANGARKAR, J. lh/.