ANIS KHAN Vs. STATE OF U P

JUDGEMENT

(1.) This Criminal Misc. Application No. 13839 A of 1985 has been filed by Moinuddin Khan for cancellation of the bail granted to Sri Anis Khan, applicant in Criminal Misc. Application No. 13141 of 1985 by the order of this Court dated 30-9-1985.

(2.) Sri Anis Khan the accused in crime No. 157 of 1984 under section 302 I.P.C. P.S. Munaga, Distt. Ghazipur moved application for being released on bail which was allowed by the aforesaid order dated 30/9/1985. In fact he has moved another bail application earlier which was treated to be an application for parole and vide order dated 13-6-85 parole for 2 months was granted to Anis Khan bylfonble S.K. Mukherji, J. After that in another application for bail showing it as First bail Application was filed which was allowed and the accused Anis Khan was released on bail by order dated 30/9/1985. Present application by Moinuddin Khan for cancellation of the bail granted to Anis Khan on 30/9/1985 has been tiled mainly on the ground that the accused has already filed an application for bail as stated above which was allowed on 13/6/1985. Subsequent to that he could have filed a second application for bail and not as first application hence accused concealed the fact of his first application for bail being disposed of. In other words order dated 30/9/1985 was obtained by accused by concealment of material fact about his first bail application (even thought was an application for parole and only parole was allowed by the order dated 13/6/1985 being disposed of. It was second application for bail subsequent to order dated 13/6/1985, which was filed and bail was granted by the order dated 30-9-85 even though it was shown in the application as if first application for bail. In other words second application fur bail was filed as first Bail Application and the fact of First Application for bail was concealed hence order dated 30.9.85 granting bail to the accused may be cancelled.

(3.) Learned counsel for the applicant urged that as the second application for bail was filed showing it to be First Bail Application hence material fact was concealed, and the bail was obtained bail granted to the accused (Anis Khan) may be cancelled. Learned counsel for the accused urged that even though application No. 694 of 1986 was filed but substantially it was an application for parole and in that application only prayer for parole was made which was allowed on 13-6-85. As that was not an application for bail but only for parole hence subsequent application for bail (No. 13141 of 1985) was shown to be First Application for bail. Correct facts were also stated in that Application (Bail application No. 13141 of 1985) in Para 24 it was indicated that a parole for two months was allowed, on 13-6-85. Therefore, it cannot be said that the applicant has concealed any material fact rather after disclosing every material fact the application for bail was allowed which was in fact the First Bail Application. It was next urged that no ground for cancellation of bail was made out and the application deserves to be dismissed.