- (1.) This order governs the disposal of an application filed under Section 439(2) of Cr.P.C. by the petitioner Kanji seeking cancellation of bail of the respondent No. 1 who has been granted bail vide order dated 31.03.2009 rendered by the learned Additional Sessions Judge, Gangapur City.
(2.) Heard the learned counsel for the petitioner, learned counsel for the complainant as also learned Public Prosecutor appearing for the State and perused the relevant provisions of law as also relevant material available on record.
(3.) Learned counsel for the petitioner has craved the cancellation of bail merely on this ground that Additional Sessions Judge, Gangapur City, District Sawai Madhopur, released the respondent No. 1 Ashok S/o. Kanji on bail under Section 439 of Cr.P.C. despite the fact that he was declared a juvenile on 26.03.2009 by the Additional Chief Judicial Magistrate, Gangapur City. Thus, powers exercised by the Additional Sessions Judge, Gangapur City under Section 439 of Cr.P.C. was without jurisdiction and the bail granted to the respondent No. 1 deserves to be cancelled.;