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1993 DIGILAW 317 (RAJ)

Nathulal v. State (35)

1993-05-19

N.K.JAIN

body1993
Honble JAIN, J.—In this case, the petitioner was granted anticipatory bail by this Court on 29.4.1993 in connection with F.I.R. No. 13/93. Thereafter on 7.5.1993 a notice was issued to the petitioner as well as to brother of the petitioner to show cause as to why bail granted to the petitioner Nathumal on 29.4.1993 be not cancelled, because petitioners brother Ranchhorlal who appeared did not bring to the notice of this Court regarding pending bail application no. 636/93 filed by the same petitioner in connection with same F.I.R. (2) The petitioner or his brother are not present in the court, however, Mr. Jain, counsel for the petitioner is present. He submits that as per his information, according to the direction of this Court given vide order dt. 3.5.93 in another bail application No. 636/93, the petitioner was to surrender on 18.5.93 before the learned Addl. Sessions Judge, Udaipur but he has not surrendered himself on the stipulated date. He further submits that he was not informed regarding pendency of first bail application. (3) Heard learned counsel for the parties. (4) Generally bail once granted is not cancelled unless the conditions of S. 439 (2) Cr.P.C. are satisfied but in the instant case admittedly a perusal of the note appended to the bail application reveals that "no such bail application has been filed previously." The petitioner or his brother has not appeared despite notice to explain the reason on 17.5.1993 and then on 19.5.93. Under the cir-cumstances, when the concealment of a material fact has been established against the petitioner who has not furnished any explanation and looking to his conduct, I deem it just and proper to recall the order dt. 29.4.1993 by which the petitioner was granted anticipatory bail in the exercise of powers vested in this Court and cancel the bail granted to him. A copy of this order along with the order dt. 7.5.1993 and the order dt. 3.5.1993 passed in S.B. Cr. Misc. Bail No. 636/93 be sent to learned Sessions Judge, Udaipur. Learned Public Prosecutor is directed to take steps in the matter, if necessary.