STATE OF MAHARASHTRA Vs. KAPILDEVSINGH GUPTARSINGH

JUDGEMENT

(1.) THE State has filed this application seeking cancellation of the bail granted to the respondent against whom offence vide C. R. No. 83 of 1994 has been registered under section 302 of I. P. C.

(2.) FEW relevant facts: the respondent has been arrested in the offence registered vide C. R. No. 83 of 1994 under the provisions of sections 302, 307, 323 read with section 34 of I. P. C. and under sections 3, 25 and 27 of Arms Act alongwith the other accused by the Bhandup Police Station in Greater Bombay. The alleged incident took place on 12th March, 1994 and the version of the prosecution reads that the present respondent herein used 12 bore gun and from close range open fired in which two persons died. It appears that the complaint has been lodged immediately and the respondent was also apprehended on the following day i. e. on 13th March, 1994. It is noticed that on the very next day the respondent moved an application for bail before the learned Metropolitan Magistrate, 27th Court, Mulund, Bombay, seeking his release on bail on medical ground and the learned Magistrate by his order dated 19th May, 1994 ordered the release of the respondent on bail. The operative part of which reads as under:

(3.) THE State has approached this Court in this application seeking the cancellation of the order of bail granted to the respondent. It is asserted that the learned Metropolitan Magistrate granted the bail in haste and without considering and ascertaining the real nature of so called illness of the respondent, which indeed warranted for the release on bail as done. It is also pointed out that nature of so called ailment of the respondent was not of a serious nature but only hypertension and diabetes for which treatment was and is available in the Government Hospital.