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2011 DIGILAW 890 (PNJ)

Krishan Kumar v. Tejender Singh

2011-03-22

ALOK SINGH

body2011
JUDGMENT Mr. Alok Singh, J.(Oral).- Complainant-petitioner has moved present petition seeking cancellation of bail granted to the accused Rejender Singh son of Ram Singh and Ram Singh son of Har Narain vide order dated 08.02.2011 passed by learned Additional Sessions Judge, Narnaul. 2. Learned counsel for the petitioner states that bail was obtained by both the accused by playing fraud on the Court stating wrong facts that injured has been discharged from the hospital while in fact, injured is still in a semi conscious stage and is still in hospital. Second ground taken by the learned counsel for the petitioner for cancellation of bail is that learned counsel for the accused failed to produce the other co-accused before the Court despite of undertaking being furnished by him at the time of arguing the bail application of Tejender Singh and Ram Singh. 3. On being asked as to whether these accused have ever misused the bail, learned counsel for the petitioner states that this is not a case of misuse of the bail, rather this is a case where bail was obtained by making wrong statement before the Court. 4. I have carefully perused the bail order passed by learned Additional Sessions Judge. 5. Learned Additional Sessions Judge has not observed anywhere that bail is being granted on the ground that injured has already been discharged from the hospital. Therefore, in my considered view, first argument of the learned counsel for the petitioner does not hold water. 6. The second argument of the learned counsel for the petitioner that other co-accused have not been arrested as undertook by the learned counsel for the accused before the Sessions Judge, cannot be a ground to cancel the bail already granted by the Court to the present accused. 7. Since this is not a case of misuse of bail and both the accused are not said to have committed any other offence after coming out of bail, therefore, petition for cancellation of bail is not maintainable, hence is dismissed. ---------0.B.S.0------------