The High Court of Rajasthan rejected an application for cancellation of bail. The court held that the accusation of liberty misuse by the accused was untenable as additional cases were registered before the bail order, not after.
Application for cancellation of bail is rejected.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Crlminl Bail Cancell No. 18/2018
State Of Rajasthan
----Petitioner
Versus
Bhupendra Singh @ Bhoopsa Son Of Shri Om Singh, By Caste Rajput Resident Of Gali No.4, In Front Of Municipal Corporation, Hanuman Hattha, Bikaner.
----Respondent
For Petitioner(s) : Mr. K.V. Vyas, Public Prosecutor. For Respondent(s) : Mr. K.S. Lodha.
HON'BLE MR. JUSTICE P.K. LOHRA
Order
18/09/2018
Heard learned Public Prosecutor as well as learned counsel for the accused-respondent on this application under Section 439(2) for cancellation of bail granted to accused-respondent vide order dated 23.10.2017.
The Court, while considering the bail plea of respondent in S.B. Criminal Misc. Bail Application No.8721/2017, in relation to FIR No.228/2017 of Police Station Naya Shahar, District Bikaner, for offence under Section 5/25 of the Arms Act, released him on bail.
Precisely, learned Public Prosecutor has made an attempt to impress upon the Court that accused-respondent, after grant of bail, has misused his liberty. Learned Public Prosecutor has also
(2 of 2)
[CRLBC-18/2018]
referred to the order passed by Division Bench in D.B. Habeas Corpus Petition No.20/2017, decided on 04.04.2017.
Upon examining the cases registered against accusedrespondent after order dated 04.04.2017, in my view, the aforesaid cases were registered anterior to the bail order passed by this Court. The insinuation made by State that accusedrespondent has misused his liberty is not tenable as the so called liberty was granted to the State by the Division Bench, while disposing of the habeas corpus petition, in respect of cases, wherein trial Court has granted bail to the respondent anterior to order dated 04.04.2017.
In view thereof, no case for cancellation of bail within the four corners of sub-section(2) of Section 439 is made out.
Consequently, the application for cancellation of bail is hereby rejected.
Twinkle Singh/104
1 issue framed by the court
Whether there is a case for cancellation of bail under Section 439(2) of CrPC given the timeline of case registration relative to bail order.
1 provisions across 1 enactments
State Of Rajasthan
Bhupendra Singh @ Bhoopsa
P.K. LOHRA
As recorded by the court registry
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