RAMESH Vs. STATE OF M P

JUDGEMENT

(1.) This is first application filed under Section 439 of Cr.P.C, for grant of bail in connection with Crime No. 49/2007 registered under Sections 323, 504 and 34 of IPC and Section 3 (1) (x) of S. C. S. T. Act at police Station - AJK, Jhabua.

(2.) Learned counsel for the applicants submitted that applicants were released on bail by the trial Court and were attending trial regularly. He submitted that on 6.9.2007 when the case was fixed for recording evidence then all of a sudden trial Court cancelled the bail granted to the present applicant without providing sufficient opportunity for showing cause against such cancellation. He submitted that a notice of cancellation of bail was given to the present applicants on the same day before lunch break and after lunch break the bail was cancelled. Applicants were taken into custody without even seeking reply of the notice of show cause. He has drawn attention of this Court towards order passed by learned Special Judge. Order shows that on the date of hearing some of witnesses made complaint that they were being pressurized by some outsiders. A lady was found wandering in the Court Room. That lady was called by trial Court and on enquiry she replied that she had come in the Court to attend another case in another Court. Some other persons regarding whom complaints were made by witnesses could not be tressed. Order also shows that trial Court made certain enquiries from some unknown sourses, then thereafter decided to cancel the bail.

(3.) No record of such inquiry is available and no statement of any person was recorded by the trial Court. It is clear from the order itself that the order was passed in high haste manner without providing sufficient opportunity for showing cause to the present applicants.