RASHID Vs. STATE GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) P .K.BHASIN, J: The petitioner is aggrieved by the order dated 29th May, 2012 passed by the learned Additional Sessions Judge whereby anticipatory bail was granted to respondents no. 2 and 3 who are his father-in-law and brother-in-law respectively and who had caused firearm injuries to him on 13th May, 2012. The petitioner-injured has thus filed the present petition under Section 439(2) read with Section 482 of the Code of Criminal Procedure, 1973 for setting aside the said order of the Sessions Court.

(2.) THE learned Sessions Judge granted anticipatory bail to respondents 2 and 3 rejecting the States opposition on the grounds that the offence of attempt to murder alleged to have been committed by the father-son duo very was grave and the weapon of offence was also to be recovered and for that purpose their custodial interrogation was required. This is how the learned Sessions Judge dealt with the matter while granting anticipatory bail in this matter:-

(3.) ON the other hand, the main submission of the learned counsel for the respondents 2 and 3 was that when there is no complaint that they have misused the anticipatory bail granted to them, which could be the only ground for cancellation of their bail after setting aside the impugned order of the Additional Sessions Judge, this petition is liable to be dismissed as being mala fide and abuse of the process of the Court.