STATE DELHI ADMINISTRATION Vs. DEVID RICHARD HALL

JUDGEMENT

(1.) In this application under Section 439 (2) read with isrraton has prayed tor the cancellation of the bail granted to Devid Richard Hall in case FIR No. 180 dated 23-12-1985. Devid Richard Hall was granted bail by the Additional Sessions Judge, New Delhi vide order dated 6th February 1986 on his executing personal bond with one surety in the sum of Rs. 12,000.00 in a case registered against him under Sec. 21123 of N.D.P.S. Act 1985. Since the respondent failed to furnish surety bond the Additional Sessions Judge permitted the respondent to deposit the amount of surety in cash. The respondent deposited the cash on the same day thus he was released.

(2.) It was contended by the learned counsel for the petitioner, Delhi Administration that after his release, Devid Richard Hall on 11th February 1986 met the international criminal Charles Shobraj in Tihar Jail alongwith four persons, two of them being advocates. He stayed in a guest house at Anand Niketan between the period 10th February 1986 to 26th February 1986 and even during this period regularly went to see Charles Shobraj in Tihar Jail but no entry of his visits was made in the jail register. He is alleged to have purchased a revolver and a pistol. He purchased larpose tablets in large quantities from a chemist in Connaught Place on several occasions which were later on administered on the jail staff to facilitate the escape of Charles Shobraj and other convicts and undertrials to escape from Tihar Jail. It was submitted that because of the active assistance of Devid Richard Hall on 16th March 1986 Charles Shobhraj and other notorious prisoners escaped from Tihar Jail. Ultimately Devid Richard Hall was arrested while in company of Charles Shobraj at Goa. It was contended that the above facts show that the. medical ground was a concocted story and in fact he had been obtained a false medical report. The jail doctor who had given the report has since been absconding and a case has been registered against the doctor. It was therefore, submitted that Devid Richard Hall who is involved in narcotic trade having misused his liberty the bail obtained by him on medical ground be cancelled.

(3.) Before filing the present application a similar application was filed before the Additional Sessions Judge, New Delhi which was rejected on 29th April, 1986.