The High Court held it lacked jurisdiction to entertain a bail cancellation application regarding a case pending in the Session Court, directing the matter to be filed before the trial court as per law.
Application disposed of with liberty to file afresh bail cancellation application before the trial Court.
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Court No. - 41
Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 2440 of 2018
Applicant :- Devendra Kumar Chauhan Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajendra Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
This bail cancellation application has been moved by the applicant/complainant to cancel bail granted vide order dated 21.7.2018 passed by Additional District & Sessions Judge, Court No. 1, Ghaziabad in Bail application No. 2688 of 2018 (Uma Shankar Vs. State of U.P.) arising out of Complaint Case No. 3896 of 2017, under Section 420 I.P.C., Police Station Khoda, District Ghaziabad whereby opposite party No. 2 Uma Shankar has been enlarged on bail.
Heard learned counsel for the applicant/complainant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that this bail cancellation application may be disposed off with liberty to file afresh bail cancellation application before lower Court.
In the case of Shahzad Hasan Khan v. Ishtiq, AIR 1987 SC 1613 , the Apex Court has held that in the absence of sufficient materials to show that the accused was threatening the informant, bail granted cannot be cancelled.
In the case of Daulat Ram Vs. State of Haryana, AIR 1995 SC 1998 it was held by the Hon'ble Apex Court that the order under this section may be passed on the following grounds:-
"1-When the accused is found tampering with the evidence either during the investigation or during the trial.
2- When the persons on bail commits similar offence or any heinous offence during the period of bail.
3-When the accused has absconded and trial of the case gets delayed on that account.
4-When the offence so committed by the accused had created serious law and order problem in the society and accused had become a hazard on the peaceful living of the people.
5-If the High Court finds that the lower Court granting bail has exercised its judicial power wrongly.
6-If the High Court or Sessions Courts find that the accused has misused the privilege of bail.
7-If the life of the accused itself be in danger."
Moreover, in view of law laid down in the case of Abdul Basit @ Raju and others vs. Mohd. Abdul Kadir Chaudhary and another (2014) 10 SCC 754 , this application would lie before the Court of Session Judge, not before the High Court, hence application is disposed off with liberty to file afresh bail cancellation application before the trial Court and if applicant files bail cancellation application, it is expected from the trial Court to decide the same on merit in accordance with law expeditiously.
Certify this judgment to the lower court immediately.
Order Date :- 23.10.2018 A. Singh
2 issues framed by the court
Whether the High Court has jurisdiction to entertain a bail cancellation application regarding a case pending in the Court of Session.
Whether the bail application should be remanded to the Court of Session for determination on merit.
Colour shows how this judgement treated each authority
Shahzad Hasan Khan v. IshtiqExplained¶8
Shahzad Hasan Khan v. Ishtiq, AIR 1987 SC 1613 · Who else cites this
Daulat Ram Vs. State of HaryanaExplained¶9
Daulat Ram Vs. State of Haryana, AIR 1995 SC 1998 · Who else cites this
Abdul Basit @ Raju and others vs. Mohd. Abdul Kadir Chaudhary and anotherExplained¶17
Abdul Basit @ Raju and others vs. Mohd. Abdul Kadir Chaudhary and another (2014) 10 SCC 754 · Who else cites this
Devendra Kumar Chauhan
State Of U.P.
Uma Shankar
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
