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Rajasthan High Court · body

2014 DIGILAW 2092 (RAJ)

Sunil Parihar v. State of Rajasthan

2014-12-11

SANDEEP MEHTA

body2014
JUDGMENT 1. - By way of the instant application for cancellation of bail, the petitioner complainant seeks cancellation of bail granted to the respondent No.2 Jodha Ram vide order dated 12.8.2014 passed by this Court in S.B. Cr. Misc. II Bail Application No.6831/2014. 2. It is averred by the counsel for the petitioner that after grant of bail, the respondent No.2 Jodha Ram started misusing the liberty granted to him and fired gun shots at the house of the petitioner complainant on 6.9.2014. He was also proceeded with under Section 107, 116 Cr.P.C. on a complaint filed by the petitioner on 27.8.2014. 3. None has appeared on behalf of the respondent No.2 despite service. 4. This Court had summoned the Investigating Officer, who is investigating the FIR No.344/2014 registered at the petitioner's instance at the Police Station Mahamandir, Jodhpur against the respondent No.2 Jodha Ram for the offences under Sections 307, 336/34 IPC and Section 3/25 of the Arms Act. 5. The Investigating Officer is present in the court today along with the case diary. He informed this Court that the case has been found proved against Jodha Ram and two others and that Jodha Ram is presently absconding from the place of his ordinary residence and efforts are going on to nab him. 6. In this view of the matter, it is evident that the respondent No.2 has blatantly misused the liberty of bail granted to him by this Court. 7. Consequently, this Court is of the opinion that it is a fit case to exercise the powers under Section 439(2) Cr.P.C. and cancel the bail granted to the respondent No.2 vide order dated 12.8.2014. 8. Accordingly, the application for cancellation of bail is accepted and the bail granted to the respondent No.2 Jodha Ram is hereby cancelled. The respondent No.2 shall surrender before the trial Court within a period of two weeks from today failing which the trial Court shall issue warrant of arrest against him and also initiate proceedings under Section 446 Cr.P.C. *******