MANISH MALIK Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) AN affidavit of Shri Randhir Singh, HPS, Deputy Superintendent of Police (Head Quarter), Sonepat on behalf of Respondent No.1 -State of Haryana filed today in the Court, is taken on record.

(2.) HEARD counsel for the parties.

(3.) LEARNED Counsel for the Petitioner has contended that the Respondent Nos. 2 and 3 have been erroneously granted bail by learned trial court. It is submitted that the Respondent Nos. 2 and 3 misrepresented the facts that they were living separately in their house. In fact, they were living together with their children including Satish and his wife Babita (deceased) as per Ration Card (Annexure P -3). Therefore, it is submitted that the bail has wrongly been granted. It is submitted that the Supreme Court in Brij Nandan Jaiswal v. Munna Alias Munna Jaiswal and Anr. : (2009) 1 SCC 678 has held that it is not as if once a bail is granted by any Court, the only way is to get it cancelled on account of its misuse and bail order can be tested on merits also.