ATTAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) G. P. Mathur, J.- This is an application for bail by Attar Singh who is in custody in case No. 187 of 1989 under Sections 147, 148, 149, 307, 302, 452, I. P. C. , P. S. Kavi Nagar, district Ghaziabad. According to the case of the prosecution the incident took place on 22-5-1988 in which Sushil Kumar was killed and Subey Singh and Ved Prakash received injuries. The applicant Attar Singh applied for bail but the same was rejected by Shri O. P. Garg, Sessions Judge, Ghaziabad, on 30-6-1989. The applicant then applied for bail vide Cr. Misc. Bail Application No. 6642 of 1989 in this Court and gave notice of the bail application to the Government Advocate on 2-7-1989. The bail application was heard by Hon'ble K. K. Chaubey, J. on 20-7- 1989 when His Lordship, after hearing learned counsel for the applicant as well as for the complainant, passed an order for summoning the case-diary and directed that the case be listed on 14-8-1989. It appears from the record that the bail application was not listed on 14-8-1989. Meanwhile the applicant, without disclosing, the fact that he had already filed a bail application in the High Court, moved a second bail application before the learned sessions Judge, Ghaziabad. Shri O. P. Garg learned Sessions Judge, Ghaziabad, granted bail to the applicant on 5-10-1989. Alter the applicant had been granted bail by the Sessions Judge, Ghaziabad, his bail application, which he had iiled in this Court, was listed for orders in court on 22-10-1989. On that date counsel for the applicant gave a statement that the bail application be rejected as not pressed. Accordingly Bail Application No. 6692 of 1989 was rejected as not pressed on 22-10-1989. The State moved bail application No. 24 of 1991 before the learned Sessions Judge, Ghaziabad for cancelling the bail granted to the applicant on 5-10-1989 on the ground that the bail application had been moved before the Sessions Court suppressing the fact that the applicant's bail application was already pending in the High Court and that the applicant had obtained the bail order by playing fraud. Shri J. C. Gupta, learned Sessions Judge, Ghaziabad, by his order dated 27-7-1990 cancelled the bail of the applicant on the ground that the applicant had knowledge that his bail application was pending in the High Court when he moved the second bail application before the Sessions Judge and that when an application for bail was pending in the High Court after its rejection by the Court of Sessions Judge, the Sessions Judge bad no jurisdiction to grant the said bail. By the same order dated 27-7-1990 the learned Sessions Judge granted parole to the applicant for 15 days which lam informed at the bar that the parole was extended for a further period of 15 days. The applicant surrendered on 25-8-1990.

(2.) AFTER cancellation of the bail of the applicant by the learned Sessions Judge, Ghaziabad, he has applied for bail vide Crl. Misc. Bail Application No. 8849 of 1990 in this Court. Shri R. K. Shangloo, learned counsel for the application has contended that the applicant has not played any fraud and that no impropriety had been done by moving the second bail application before the learned Sessions Judge at a time when his bail application was pending consi deration in the High Court. He has placed reliance on the case of Mohan Singh v. Union Territory, 1978 Cr LJ 844 (SC ). Shri D. N. Wali, learned counsel for the complainan', has opposed the bail application and has submitted that after the bail application of the applicant had besa heard by Hon'ble K. K. Chaubey, J. on 20-7-1989, the applicant fully knew that, his bail application would be rejected and, therefore, without disclosing the fact of riling of the bail applica tion in the High Court, the applicant moved the second bail application before the learned Sessions Judge, Ghaziabad. According to learned counsel the applicant had committed fraud and was guilty of having coaacaled a material fact and, therefore, he was not entitled to bail. He has placed reliance on a case reported in 1984 ACC at 947 (Summary),

(3.) LET applicant Attar Singh be released on bail in Crime No. 157 of 1989 under Sections 147, 148, 149, 307, 302 and 452, I. P. C. P. S. Kavi Nagar, Ghaziabad, on furnishing two sureties and a personal bond to the satisfaction of C. J. M. , Ghaziabad. Bail granted. .