Court No. - 41
Case :- CRIMINAL APPEAL No. - 2166 of 2018 Appellant :- Pappu Respondent :- State Of U.P. And 3 Others Counsel for Appellant :- Ashok Kumar Singh Bais Counsel for Respondent :- G.A.
Hon'ble Aniruddha Singh,J.
The present criminal appeal has been filed by the appellant with a prayer to cancel the bail of opposite parties no. 2 to 5 (Mintoo @ Pintoo, Pankaj @ Monu, Bhandari and Sanju) granted vide order dated 29.01.2018 by Special Judge, S.C./S.T./ Additional Sessions Judge, Count No. 2, Saharanpur in Bail application No.225 of 2018 (Mintoo and others vs. State of U.P.), in Case Crime No. 280 of 2017, under Sections 147, 148, 149, 323, 504 and 505 I.P.C. and Section 3(1) Da and Dha of S.C./S.T. Act whereby opposite party Nos. 2 to 4 have been enlarged on bail.
Sri Rohik Kumar Singh, holding brief of Sri A.K.Singh Bais, learned counsel for the appellant submits that the present appeal may be disposed off with liberty to file a fresh bail cancellation application before the lower Court.
In the case of Shahzad Hasan Khan v. Ishtiq, AIR 1987 SC 1613, the Apex Court has held that in the absence of sufficient materials to show that the accused was threatening the informant, bail granted cannot be cancelled.
In the case of Daulat Ram Vs. State of Haryana, AIR 1995 SC 1998 it was held by the Hon'ble Apex Court that the order under this section may be passed on the following grounds:-
"1-When the accused is found tampering with the evidence either during the investigation or during the trial.
2- When the persons on bail commits similar offence or any heinous offence during the period of bail.
3- When the accused has absconded and trial of the case gets delayed on that account.
4- When the offence so committed by the accused had created serious law and order problem in the society and accused had become a hazard on the peaceful living of the people.
5- If the High Court finds that the lower Court granting bail has exercised its judicial power wrongly.
6- If the High Court or Sessions Courts find that the accused has misused the privilege of bail.
7- If the life of the accused itself be in danger."
Moreover, in view of law laid down in the case of Abdul Basit @ Raju and others vs. Mohd. Abdul Kadir Chaudhary and another (2014) 10 SCC 754, that this application would lie before the Court of Session Judge, not before the High Court, hence application is disposed off with liberty to file afresh bail cancellation application before the trial Court and if applicant files bail cancellation application, it is expected from the trial Court to decide the same on merit in accordance with law expeditiously.
Accordingly, present appeal is disposed off with liberty to the appellant to file a fresh bail cancellation application before the lower court.
Certify this judgment to the lower court immediately.
Order Date :- 23.8.2018 OP