SANJIDA BIBI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an application under section 439 (2) of Cr.P.C. for cancellation of bail which was granted to the opposite party no.2 Sk. Moji @ Miajan in BLAPL No.3687 of 2017 as per order dated 24.05.2017 in connection with G.R. Case No.600 of 2016 pending on the file of learned S.D.J.M., Bhadrak.

(2.) Mr. M.A. Ali, learned counsel for the petitioners submitted that that opposite party no.2 Sk. Moji @ Miajan approached this Court for bail for the first time in an application under section 439 of Cr.P.C. vide BLAPL No.1568 of 2017 which was rejected as per order dated 13.04.2017 taking into account that the opp. party no.2 had set fire to the victim by pouring kerosene on her body in connection with non-fulfillment of demand of dowry and the medical examination report indicated that the victim had sustained 70% of burn injuries and that the burn injuries had completely disfigured the victim who presented herself in Court at the time of hearing of the bail application being identified by her advocate and further taking note of the fact that the act of the petitioner was extremely shocking and inhuman and further keeping in view the nature and gravity of the accusation.

(3.) Learned counsel for the petitioners further submitted that the opp. party no.2 again moved an application for bail before this Court during vacation in BLAPL No.3687 of 2017 which was filed on 22.05.2017 and it was not brought to the notice of this Court about the earlier rejection of his bail application in BLAPL No.1568 of 2017. It is further submitted that the learned Court taking into account the submission made on behalf of the opposite party no.2 that he is in judicial custody since 08.07.2016, granted bail to him since final charge sheet had already been submitted. It is further contended that not only at the time of rejection of the earlier bail application in BLAPL No.1568 of 2017, final charge sheet had been submitted but the opposite party no.2 was taken into custody on 24.01.2017 and not on 08.07.2016 as was submitted before the Court and by suppressing material facts and misleading the Court, bail order was obtained during vacation on 24.05.2017 and therefore, since the order has been obtained by playing fraud on the Court, the bail order should be cancelled.