Court No. - 22
Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No.
- 5805 of 2014 Applicant :- Ram Singh Opposite Party :- State Of U.P. And 4 Ors.
Counsel for Applicant :- Raghavendra Dwivedi,C.P. Garg Counsel for Opposite Party :- Govt. Advocate,Shiv Babu Dubey
Hon'ble Aniruddha Singh,J.
Case called out none is present on behalf of the counsel for the applicant except learned A.G.A. The date was fixed on 16.02.2018, the learned counsel for the applicant was absent and the case was fixed peremptorily for today. Today on several calls none is present on behalf of counsel for the applicant.
It shows that the learned counsel for the applicant is not interested to decide this bail cancellation application on merit.
Heard learned A.G.A. and perused the record.
This bail cancellation application has been filed against the order dated 31.10.2013 & 18.11.2013 passed by Sessions Judge, Banda, in Case Crime No. 150 of 2013, under Sections 147, 323, 504, 506, 324, 325 and 307 I.P.C, P.S. Bisanda, District Banda against opposite party nos.2 to 5.
From the perusal of the record I found no ground to cancel the bail of opposite party nos. 2 to 5.
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. 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 of Sessions Courts find that the accused has misused the privilege of bail.
7. If the life of the accused itself be in danger.
Ground of cancellation is related to facts which can not be adjudicated by this Court and it can be decided by the trial Court where the case is pending for trial.
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, this application would lie before the Court of Session Judge, not before the High Court, hence application is disposed of with liberty to file fresh bail cancellation application before the trial Court and if it is filed, it is expected from the trial Court to decide the same on merit in accordance with law expeditiously.
Certify this judgment to the lower court immediately.
Order Date :- 23.2.2018 A. Tripathi