BANESHWAR LAXMAN JANA Vs. RAMAPADA MURLIMOHAN MANNA

JUDGEMENT

(1.) By way of the present petition under Sec. 439(2) of the Code of Criminal Procedure, 1973, the petitioner has prayed to quash and set aside the order dtd. 4/2/2022 passed by this Court in Criminal Misc. Application No.1577 of 2022, whereby this Court has granted anticipatory bail to the respondent - original accused.

(2.) Heard learned advocate Mr.Dipen Desai for the petitioner, learned APP for the State and learned advocate Mr.Fouzan Soniwala for respondent no.1.

(3.) Learned advocate Mr.Dipen Desai for the petitioner submits that respondent accused has obtained order of bail passed in Criminal Misc. Application No.1577 of 2022 by playing fraud upon the Court. Referring to para 7 of the order passed in Criminal Misc. Application No.1577 of 2022, he would submit that the respondent accused has suppressed material fact. Charge-sheet was filed against him and in the charge-sheet he was shown was absconding accused. He would further submit that it is suppressed before the Court that warrant under Sec. 70 of Cr.P.C. was issued against the respondent accused. It is submitted that suppression of material fact vitiates all reliefs. This fact which was within the knowledge of the respondent accused could be revealed at the time of seeking discretionary relief from this Court.