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2005 DIGILAW 662 (JHR)

ABHISHEK TIWARY v. STATE OF JHARKHAND

2005-08-31

R.K.MERATHIA

body2005
Judgment : ( 1 ) THIS bail application was filed by Abhishek Tiwary on 7-3-2005. On 30-3-2005, case diary was called for. Bail was granted on 24-6-2005 on the basis of the submissions that Paramjeet Singh is the main accused. ( 2 ) ON the other hand, it was submitted on behalf of Paramjeet Singh, during hearing of his Bail Application (B. A. No. 3102 of 2005) that Abhishek Tiwary who is the main accused, has been granted bail and therefore he should also be granted bail. It was further submitted that by suppressing facts it was submitted on behalf of Abhishek tiwary that Paramjeet Singh is the main accused. ( 3 ) IN the circumstances, notice was issued to Abhishek Tiwary to show cause as to why bail granted to him be not cancelled as the same was granted on suppression of facts. ( 4 ) PURSUANT to the said notice issued a show cause has been filed in B. A. No. 3102 of 2005, which is tagged with B. A. No. 1135 of 2005. Both the applications are taken up together and are being disposed of by this common order. ( 5 ) LEARNED counsel appearing for abhishek Tiwary submitted that submissions were made at the time of hearing of the bail application on the basis of the case diary, and that after the said bail application was filed on 7-3-2005, three witnesses were examined and therefore there has been no suppression of facts. ( 6 ) LEARNED State counsel submitted that the submissions made on 24-6-2005, were contrary to the materials which came on the record more than a month back, and therefore it is a clear case of obtaining bail on suppression of facts. Learned State counsel took me to the evidences recorded on 16-5-2005 and 21-5-2005 in support of such submissions. Moreover, he submitted that petitioner has got criminal background. ( 7 ) I am not referring to the evidences here to avoid any prejudice to the petitioners of these two bail applications. But this court is satisfied that sufficient materials had come on the record against Abhishek tiwary after filing the bail application; and as such the submissions made at the time of hearing of the bail application, were contrary to the evidences which came on the record about a month back and as such he obtained bail on suppression of facts. But this court is satisfied that sufficient materials had come on the record against Abhishek tiwary after filing the bail application; and as such the submissions made at the time of hearing of the bail application, were contrary to the evidences which came on the record about a month back and as such he obtained bail on suppression of facts. Accordingly, the order granting bail dated 24-6-2005 is hereby recalled and Abhishek tiwary @ Baba Tiwary is directed to surrender before the trial Court within 72 hours, failing which the trial Court will take immediate steps in accordance with law, for his arrest. B. A. No. 3102 of 2005 Paramjeet Singh @ t. T. ( 8 ) IT is submitted that main accused is abhishek Tiwary and as per the prosecution case at best petitioner was his companion; and that it was the petitioner who informed the son of the deceased about the occurrence; and that son of the deceased has sworn affidavit on 3-2-2005 stating inter alia that the main culprits are Baba tiwary @ Abinash Tiwary and Birendra paswan @ Botla and not Paramjeet Singh, who actually is a witness in this case; and that Abhishek Tiwary also has got criminal history; and that co-accused Birendra paswan @ Botla has also been granted bail by this Court. ( 9 ) LEARNED counsel for the State submitted that the deceased was called by the accused persons in hotel, and was killed; that sufficient material has come against the petitioner during the trial; that the trial is in progress; that petitioner has tried to influence the witnesses; and that he has got criminal history. It is lastly submitted that birendra Paswan @ Botla was also granted bail on 13-7-2005 in B. A. No. 687 of 2005 on suppression of facts, and as such notice may be issued to him also for cancellation of bail. Regarding this last submission, liberty is given to move before appropriate Bench. ( 10 ) IN the facts and circumstances, I am not inclined to grant bail to the petitioner-Paramjeet Singh @ T. T. and accordingly his prayer for bail is rejected. With these observations/directions, both the bail applications are disposed of. Order accordingly. --- *** --- .