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Rajasthan High Court · body

2019 DIGILAW 1034 (RAJ)

Islam v. Abdul Farid

2019-04-04

SABINA

body2019
JUDGMENT Sabina, J. -Complainant- petitioner has filed this petition under Section 439 (2) Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C.') seeking cancellation of bail in F.I.R. No. 201/2018 registered at Police Station Jyoti Nagar, Jaipur Metropolitan, for offences under Sections 323, 341, 307, 34 of Indian Penal Code, 1860 and Section 3/25 of Arms Act, 1959. 2. Learned counsel for the petitioner has submitted that respondent No. 1 had been granted bail by this Court vide order dated 16.11.2018. It was submitted by the counsel for the petitioner that the petitioner was not involved in any other criminal cases, whereas, petitioner was involved in other criminal cases also. 3. Learned counsel for respondent No. 1, has opposed the petition and has submitted that infact, respondent No. 1 was involved in nine other criminal cases. In two cases, a compromise had been effected between the parties and in two cases, respondent No. 1 had furnished the necessary bonds in proceedings under Section 110 Cr.P.C. and 151 Cr.P.C. At present five cases are pending against respondent No.1 4. On 05.03.2019, learned State Counsel took time to verify the antecedents of respondent No. 1. As per the list placed on record by the learned State counsel, six other criminal cases are pending against respondent No. 1. 5. Vide order dated 16.11.2018 this Court granted bail to the petitioner. Learned counsel for the petitioner had submitted at that time that the petitioner was not involved in any other criminal case, although, petitioner was involved in other criminal cases also. Apart from the present case, six other criminal cases are pending against the petitioner. Since, the fact that six other criminal cases were pending against the petitioner had not been disclosed during the course of arguments, at the time of grant of bail to respondent No. 1 vide order dated 16.11.2018, bail granted to respondent No.1 is liable to be cancelled. 6. Accordingly, this petition is allowed and the bail granted to respondent No. 1 vide order dated 16.11.2018 is cancelled in view of his criminal antecedents.