Court No. - 22
Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No.
- 42886 of 2017 Applicant :- Pawan Kumar Gupta Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Krishna Dutt Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
This bail cancellation application has been filed for cancellation of bail granted to accused Suraj Pahalwan vide order dated 11.8.2017 passed by Hon'ble Harsh Kumar, J. in Criminal Misc. Bail Application No. 40996 of 2016.
A Division Bench of this Court in the case of Chander Alias Chandra vs. State of U.P., 1998 CrLJ 2374 held that "A judge hearing bail application of one accused cannot cancel the bail granted to a co-accused by another judge on the ground that the same had been granted in flagrant violation of well settled principles. If he considers it necessary in the interest of justice, he may, after expressing his views, refer the matter to the judge who had granted bail, for appropriate orders."
In view of above, this Court is of the opinion that this bail cancellation application should also be heard by the Bench who had granted bail to the accused.
List this matter before appropriate Bench.
Order Date :- 30.3.2018 A. Tripathi