RASIK CHAND SINGH Vs. RABINARAYAN DAS

JUDGEMENT

(1.) Invoking jurisdiction of this Court under Section 439(2) Cr.P.C., this case has been filed with a prayer to cancel the bail granted by this Court in favour of opposite party No. 1 in BLAPL No. 9500/05 mainly on the ground that vital facts were suppressed from this Court by the said opposite party.

(2.) Admittedly the said opposite party No. 1 is an accused in G.R. Case No. 608/05 pending in the Court of the SDJM, Puri. It is alleged that he committed offences under Sections 419/420 IPC and Section 3 of the SC & ST (PA) Act. The prayer for bail of the said opposite party No. 1 was rejected by the Sessions Judge. Puri, vide order dated 1/11/2005 in B.A. No. 898/05. He filed BLAPL No. 9368/ 05 before this Court on 14/11/2004 enclosing a free copy of the aforesaid order of the Sessions Judge dated 11/11/2005. BLAPL No. 9368/05 was taken up on 16th January, 2006 when the informant in the aforesaid G.R. Case entered appearance and opposed the prayer for bail. After hearing the learned Counsel for both sides this Court vide order dated 16/1/2006 passed the following order :-

(3.) On coming to know about this fact, the informant has filed the present petition. This Court after hearing learned Counsel for the petitioner, directed issue of notice to the accused-opposite party No. 1 to appear before this Court in person and file affidavit explaining reasons for furnishing a wrong certificate on the bail petition and the reasons for suppressing vital facts from the Court. Pursuant to the said order, accused-opposite party No. 1 has appeared in Court today in person and has filed an affidavit inter alia taking the stand that he had no knowledge about filing of BLAPL No. 9368/05 and that the advocate who was appearing for him before the Court below had got the said BLAPL filed in this Curt through some of his relatives. He submitted that he did not commit any mistake intentionally.