C.B.I. Vs. DINESH KUMAR SINGH

JUDGEMENT

(1.) The history of this unusual determination with relevant facts and details have been extensively narrated in a prelude, that took shape of an order by a division bench on 16.1.2014, upon a reference being made in a recall application by a bench presided over by Hon'ble the Chief Justice vide order dated 13.12.2013. It is, therefore, unnecessary to sketch the background, which can be easily retrieved from the division bench order dated 16.1.2014 and also the orders passed by this Court on 1.4.2014 on the two correction applications.

(2.) The larger question of upholding the Majesty of Law while abiding by the Rule of Law is basically the concern of this court while delivering this order, coupled of course with some fundamental questions of authority and jurisdiction giving rise to this case.

(3.) These three bail cancellation applications have been filed praying for cancelling the bail granted to the accused Dinesh Kumar Singh and Ram Prasad Jaiswal respectively in cases arising out of the NRHM scam. It is to be noted that the accused had been granted bail by a learned Single Judge of this Court on 5.12.2013 by a common order in which the accused had filed two correction applications. The learned Judge passed orders on the same. Before the orders could be actually executed a recall application was filed by the C.B.I. for recalling the orders passed on the correction application dated 11.12.2013. When this fact was brought to the knowledge of Hon'ble the Chief Justice then a Bench presided over by Hon'ble the Chief Justice on 13.12.2013 passed orders suspending the execution of the bail orders as well the orders on the correction application and directed the hearing of the recall application by a Bench as nominated by Hon'ble the Chief Justice. The recall application was heard by a Division Bench on 16.1.2014 and it was allowed. As a consequence whereof the orders passed on the correction applications on 11.12.2013 were recalled and the correction applications were directed to be heard by the appropriate Bench. Hon'ble the Chief Justice thereafter was pleased to nominate this Bench to hear the correction applications on which orders were passed on 1.4.2013.