RAKSHA PAL SINGH Vs. STATE

JUDGEMENT

(1.) This order disposes of Criminal Misc. Bail Cancellation Application No. 78419 of 2001 which involves adjudication of following questions:

(2.) Firstly the facts: Through this application, filed on 20.8.2001, after serving its copy on the learned Counsel for the Appellants on 17.8.2001, the informant Rakesh Pal Singh of Sessions Trial No. 358 of 2001 of the Court of Sessions, Aligarh, who is uncle of the informant of the case giving rise to the Criminal Appeal, has come up with a prayer to cancel the bails granted to the Appellants and send them to jail asserting, inter alia, to the following effect:

(3.) On 3.4.2002, the Appellants filed their counter-affidavit and supplementary counter-affidavit along with a request for condonation of delay occurred in its filing, asserting, inter alia, to the effect that they have been falsely implicated ; since the hearing of the appeal has been expedited and even though it was listed a number of times for hearing but could not be taken up and thus under that impression no counter-affidavit was filed by them ; all the Appellants, except Appellant Raj Pal Singh, who is aged 75 years, have been implicated in a case under the Gangster Act and they have not been released on bail till date ; it has been wrongly stated that they have threatened the informant's side ; 4 out of them have been implicated in regard to murder of Sushil Kumar alias Pintoo in which they have been granted bail by this Court ; a false case has been cooked up just to get their bails cancelled although they have never misused the privilege of the bail granted to them ; and that the application has no force and is liable to be rejected.