Dr. Radhey Shyam Gupta v. Shashi Shekhar @ Chandra Shekhar Sharma
2012-11-21
M.N.BHANDARI
body2012
DigiLaw.ai
JUDGMENT 1. - Heard on the application for cancellation of bail granted to the accused respondent vide order dated 06.05.2011. 2. Learned counsel for applicant complainant submits that while arguing the bail application, learned counsel for the accused made a statement regarding compromise between the parties and part payment thereof. It was further stated that remaining payment would be made to the complainant-applicant. 3. In fact, no compromise took place between the parties and, if, at all, it had taken place, no payment has been made to the complainant other than Rs. 1 lac which was paid earlier. Remaining amount has not yet been paid. Accordingly, bail so granted to the accused respondent may be cancelled. 4. Learned counsel for accused respondent submits that compromise took place between the parties and part payment of Rs. 1 lac was also made to the complainant. 5. So far as remaining payment is concerned, he sought instructions from the accused respondent, however, he has not shown further payment. Accordingly, appropriate order may be passed. 6. I have considered submissions of learned counsel for the parties and perused the record. 7. The perusal of the bail order dated 06.05.2011 shows fact regarding settlement of the case between the parties and part payment thereof. Remaining payment was to be released in favour of the complainant, however, nothing has been done by the accused thus, based on misleading submissions, the bail order was obtained. In the background aforesaid, accused respondent is not entitled to continue on bail. His conduct is enough to cancel the bail granted to him. 8. Accordingly, bail granted to the accused-respondent-Shashi Shekhar @ Chandra Shekhar Sharma vide order dated 06.05.2011, in SB Cr.Misc.Bail Application No.4080/2011, in case FIR No.204/2009, registered at Police Station - Jyoti Nagar, Jaipur for offence under section/s 420, 467, 468, 471 and 120-B Indian Penal Code, is hereby cancelled. The Investigating Officer of the concerned Police Station is directed to arrest the accused. A copy of this order may be sent to the 10 of the concerned Police Station for compliance. *******