1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 1506/2009 State of Maharashtra thr. S.D.P.O. Akola..vs..Sk. Akbar @ Agya s/o Shaikh Salim ---------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------- Mr. Doifode, A.P.P. for applicant. Mr. Dahat, Advocate for non applicant. CORAM:- S. S. SHINDE, J. DATED :- 4 th NOVEMBER,2009 1. This application is directed against order dated 08.09.2008 in Misc. Criminal Application No. 570/2008 passed by Sessions Judge, Akola by which the regular bail came to be granted in favour of the applicant. 2. Heard learned A.P.P. for the State. He invited my attention to the contents of the application and grounds therein and submitted that the Medical Expert’s report as well as Injury Certificate and other relevant materials have not been considered by the Sessions Court while granting bail and, therefore, learned A.P.P. submitted that this is a fit case in which bail granted to the non applicant deserves to be cancelled. He also invited my attention to the fact that the bail was granted by the concerned Sessions Court on certain conditions, which are not followed by the non applicant. Therefore, in his respectful submission, bail granted to the non applicant deserves to be cancelled. 2 3. I have heard learned A.P.P. at considerable length. Perusal of the reasons recorded by the Sessions Court while granting bail, more particularly para nos. 9 to 12, it appears that the concerned Court has properly considered the material, which was placed on record by the Prosecution. At the relevant time, when the bail was granted in favour of the non applicant, the Medical Report, on which now learned A.P.P. wishes to place reliance, was not available and rightly in para 10, the learned Sessions Court has observed that there is no specific cause of death placed on record by the Prosecution. 4. So far as the breach of conditions while granting bail is concerned, the prosecution can move before the same Court for cancellation of bail. In my considered view, the impugned order is well reasoned order. No interference is called for in this application for cancellation of bail. The same is, therefore, rejected. However, if there is any breach of condition by non applicant, the State is free to move before the concerned Court for cancellation of bail. The application stands disposed of accordingly. JUDGE kahale