STATE Vs. RAJENDRA KUMAR KAHAR

JUDGEMENT

(1.) By this application, the Applicant-State has approached this Court seeking cancellation of bail granted to the Respondent-Accused by order dtd. 6/5/2021 passed by this Court.

(2.) It is contended that this Court granted bail on the basis that while the maximum punishment for the offence alleged against the Respondent was seven years, he had already been in judicial custody for two years.

(3.) The learned Additional Public Prosecutor submits that this was held, perhaps on the basis that the Respondent was alleged to have committed offence under Sec. 363 of the Indian Penal Code(IPC), while record would show that the respondent is also charged with offence under Sec. 364-A of the IPC which carries punishment of death or imprisonment for life. According to the learned Additional Public Prosecutor, this was an aspect which escaped the attention of this Court despite the fact that the offence charged under Sec. 364-A IPC was stated in the reply filed on behalf of the Applicant-State to the bail application filed by the Respondent-Accused.