RAM SINGH BATRA Vs. STATE

JUDGEMENT

(1.) The petitioner has filed this application under Section 482 of the Code of Criminal Procedure, 1973. He is aggrieved by the order of cancellation of bail passed by the Metropolitan Magistrate on 27.5.2004.

(2.) The facts of the case leading to the filing of the present petition are as follows:-

(3.) The learned counsel for the petitioner argued that the rejection of bail by this Court under Section 439 of the Code would not come in the way of the petitioner for being released on bail under Section 167 (2) of the Code. The learned counsel for the petitioner also denied the fact that when the order for grant of bail was passed by the learned Metropolitan Magistrate on 21.5.2004, he was unaware of the fact that this Court had already rejected the prayer for bail by an order dated 12.5.2004. The learned counsel for the petitioner supported this submission by draying my attention to page 27 of the paper book which is the copy of the application made on behalf of the complainant whereupon the said bail order was canceled. Paragraph 2 of the said application reads as under:-