He filed an application for grant of bail.
The appellant had lodged report with the police and on 21st February, 2006, his companyplaint was registered as N.C. companyplaint.
The appellant was arrested on 4th February, 2006.
Subsequently, on 19th April, 2006, appellant was served through an official of the V.P. Road Police Station a numberice relating to an application for cancellation of bail which was registered as Criminal Application No.780/2006 before the Bombay High Court.
In support of the appeal.
768 OF 2007 Arising out of SLP Crl.
Two N.C. companyplaints have been filed by the present Applicant after the Respondent No.1 was released on bail.
By order dated 10th February, 2006 learned Additional Chief Metropolitan Magistrate 4th Court, Girgaum, Mumbai, directed release of the appellant on bail on his furnishing a surety for a sum of Rs.10,000/ .
Again on 4th April, 2006, the appellant was threatened by respondent No.1.
On enquiry from an official of the companyrt, he was told that his matter may be listed next week and, therefore, he left the companyrt premises at about 5.15 p.m. On 25th April, 2006, the impugned order has been passed.
No.2371 of 2006 Dr. ARIJIT PASAYAT, J. Leave granted.
According to the appellant, respondent No.1 was number happy with the grant of bail and wanted to scare the appellant and, therefore, on various occasions threatened him.
CRIMINAL APPEAL NO.
In fact, believing the statement of the companyrt official, appellant, had engaged a companynsel who made enquiries in the Registry on 28th April, 2006 and was told that bail was cancelled by order dated 25th April, 2006.
Challenge in this appeal is to the order passed by a learned Single Judge of the Bombay High Court cancelling the bail granted to the appellant, by exercising power under Section 439 2 of the Code of Criminal Procedure, 1973 for short the Code .
Notice was issued and permission was given to serve the respondent through V.P. Road Police Station.
The facts as projected by the appellant in a nutshell are as follows On 4th February, 2006 First Information Report was lodged by the respondent No.1 alleging that he and his friend named Girish Shetty, were attacked by the appellant and some other unidentified persons, resulting in injuries.
His case was listed as item No.52 in Court Room No.9 and by about 5.00 p.m. only 30 matters had been heard.
