VIKRAMJIT SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) 1. Special leave is granted.

(2.) THE appellant is an accused in a murder case. After his prayer for bail was rejected by the trial Court he filed an application before the High Court which was dismissed with the observation that he could renew the prayer after the submission of the report by the police on completion of investigation. After the charge sheet was filed in tae case the appeIlant along with two other accused persons renewed the prayer before the Sessions Judge who again rejected the same. The appellant, thereafter, filed another petition before the High Court which was allowed by Mr. Justice B.C. Varma on 6.7.90 and the appellant was directed to be released on bail. Another accused, Dharmendra Kumar Sharma, thereafter, approached the High Court for bail which was placed before Mr. Justice G.C. Gupta who made an order in his favour by his judgment dated 8.9.90 but, observed that the accused persons (including the present appellant) who had been earlier granted bail by the High Court did not deserve to be enlarged on bail, and that it was "a fit case where the State should apply for cancellation of bail of all the accused persons". In view of this observation the Sk1te filed a petition for cancellation of the bail order passed by Mr. Justice B.C. Varma. In this application no additional fact was stated nor any allegation against the appellant was made which could be relevant for the prayer of cancellation of earlier hail order. The prayer for cancellation was founder] on the observations in the order of Mr. Justice Gupta which was verbatim quoted in the petition.

(3.) IT is, however, made clear that it would be open the State to make a prayer for the cancellation of the bail on the ground of any objectionable conduct on the part of the appellant or any other fresh relevant material which may be a permissible ground for cancellation of bail. But, in such a case it will be highly desirable for the Chief Justice of the High Court to hear the case himself or assign it to some other Judge who had not earlier dealt with the present matter.