STATE OF M.P. Vs. BABLU

JUDGEMENT

(1.) THE State has moved this application for cancellation of the bail on the ground that the learned Sessions Judge has wrongly granted bail to the non -applicant. It so happened that five of the eye witnesses namely Om Prakash Gupta, Chandra Shekhar Gupta, Hari Shanker Gupta, Jagdish Prasad Verma and Mahendra Gupta had filed affidavits before the Judge denying the prosecution case of their having seen the occurrence. The case was listed for hearing before another Judge, who was on leave, but possibly the link officer Shri R.S. Rathore, III Additional Sessions Judge passed an order for the grant of bail to the accused on the basis of the affidavits filed by the witnesses, who had not supported the prosecution case.

(2.) SINCE then the case has travelled some distance. The hearing of the Sessions Trial started and the witnesses who had filed their affidavits, not supporting the prosecution case, on the basis of which Shri R.S. Rathore has granted bail, have already been examined in the Sessions Court. Today, copies of statements of Om Prakash Gupta, Chandra Shekhar Gupta, Hari Shankar Gupta, Jagdish Prasad Verma and Mahendra Gupta have been filed before me. They have not supported the prosecution case with the result that there is no occasion for cancellation of bail which has been granted to the non -applicant Bablu. However, the learned counsel for the State submitted a parting argument that the bail was granted by an officer with whom the case was not pending for trial and consequently, according to him the order passed by the said Judge is without jurisdiction. .