BA-959-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.959 OF 2011 [For Cancellation of Bail] Karishma Prakash Sadarangani ... Applicant V/s. Prakash Gobind Sadarangani & Ors. ... Respondents Mr. Mahesh Vaswani with Mr. Omprakash, i/b. M/s. The Law Point, for the Applicant. Mr. Rishi Bhuta, i/b. Mr. Hemant Ingale, for Respondent No.1. Mr. K.V. Saste, APP, for the Respondent-State. CORAM:- A.M. THIPSAY, J. DATED :- 5 TH AUGUST, 2011. P.C. : 1. Heard. 2. The Applicant is the First Informant, on whose report a case in respect of offences punishable under Sections 498A IPC and 406 of the IPC was registered against the Respondent No.1 and two others. The Respondent No.1 was ordered to be released on bail in the sum of Rs.10,000/- by the learned Metropolitan Magistrate, 22nd Court, Andheri. The Applicant, being aggrieved by the said order, has approached this Court for cancellation of the bail granted to the Respondent No.1. BA-959-11.sxw 2 Dixit 3. The Applicant could have approached the learned Magistrate himself for cancellation of bail under Section 437(5) of the Code of Criminal Procedure. At any rate, the Applicant could have approached the Court of Sessions for cancellation of the bail under Section 439(2) of the Code of Criminal Procedure. Undoubtedly, there is no prohibition for the Applicant to approach this Court directly, but this Court has consistently taken a view that where a party has an effective remedy before a lower Court, the lower Court should be approached first. There are no extra ordinary circumstances justifying departure from this usual practice. 4. It is, therefore, proper that the Applicant is directed to approach either the Magistrate or the Court of Sessions for cancellation of the bail, depending on the nature of her contentions with respect to the cancellation of bail. 5. I am informed that, after the bail order had been passed, the Respondent No.1 made an application seeking permission to go abroad, which was duly granted by the learned Magistrate on certain terms and conditions. That order has been challenged by the Applicant by filing a Revision Application before the Court of Sessions. The said Revision Application is said to be pending and the Court of Sessions has granted stay on the operation of the order permitting the Respondent No.1 to go abroad. 6. Considering all the relevant aspects of the matter and after hearing the learned Counsel for the parties, the present Application is being disposed of as follows : BA-959-11.sxw 3 Dixit (i). The Applicant shall be at liberty to make an appropriate application for cancellation of bail either before the learned Magistrate or before the Court of Sessions. In the event of such an application being made, the concerned Court shall consider the same on merits and in accordance with law. (ii). The stay on the operation of the order passed by the learned Magistrate permitting the Respondent No.1 to go abroad shall remain in force for a period of four weeks from today. 7. The application for cancellation of bail is disposed of in the aforesaid terms. [A.M. THIPSAY, J.]