MOHAN SINGH RANA Vs. STATE THROUGH CBI

JUDGEMENT

(1.) This revision petition assails the order dated 17 th November, 2011 of Special CBI Judge whereby on the application of the Complainant, the bail granted to the petitioners was cancelled in CBI Case RC No. 6/2009 under Section 120B read with Sections 302/364/201/218 IPC registered at P.S. Dalanwala, Dehradun. 18 persons were arrayed as accused Nos. 1 to 18. Accused at serial No. 1 to 7 were granted bail by the High Court of Uttrakhand on 20 th January, 2010. Aggrieved thereby, the complainant who is the father of the deceased filed two petitions before the hon'ble Supreme Court. One of those petitions was for transfer of the case from Dehradun and another was for cancellation of the bail of the accused persons 1 to 7 granted by the Uttrakhand High Court. The Hon'ble Supreme Court vide its order dated 17 th March, 2011 set aside the order of granting bail to the accused 1 to 7 and transferred the said case from Uttrakhand to Delhi. This decision of the Supreme Court is reported in Ravinder Pal Singh vs Ajit Singh & Ors., 2011 4 SCC 238.

(2.) The present petitioners are the accused at serial No. 8 to 18 in the said case. They were granted bail by the Sessions Judge, Dehradun vide orders dated 1 st May, 2010 and 13 th May, 2010. The operative part of both the orders is as under:-

(3.) After the transfer of the case from Dehradun to Delhi, the charges were framed by the learned Special Judge against all the accused persons under Section 120B read with Section 304/302/201/218 IPC. The learned Special Judge for cancelling the bail of the petitioners vide impugned order reasoned that when the petitioners were granted bail by the Sessions Judge, Dehradun they were chargesheeted under Section 218 IPC for the substantive offence, which was bailable and now since the charges against the petitioners and all the other accused have been framed under Section 120B read with Section 304/302/201/218, which are non-bailable, the benefit of bail granted to them earlier by Dehradun Court, was not available.