NARESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order will dispose of the matter of cancellation of bail of the three accused namely Rakesh, Satish @ Kala and Surender @ Kala, in FIR No. 39, dated 20.4.2010, registered under Sections 148, 149, 332, 353, 186, 436, 511, 341 IPC read with Sections 3/4 of Prevention of Damage to Public Property Act, 1984, at Police Station Rajound, District Kaithal. The aforesaid FIR was registered on account of mob violence by number of persons in the area for the reason that one Kaptan was murdered. The residents of the village considering that police was not taking any action tried to take law and order into their own hands. They collected on Jind-Kaithal road and blocked the same. Two Haryana Roadways buses were damaged. They even encircled (gherao) the police post in the area and set the same on fire by putting paddy straw. The above named petitioners filed applications for the grant of regular bail in the above mentioned FIR on the grounds that they have been falsely implicated in the present FIR and on the ground of parity as other co-accused namely Rakesh, Satish @ Kala and Surender @ Kala were granted regular bail by the learned Additional Sessions Judge, Kaithal vide its order dated 13.7.2010. Considering the seriousness of charges against the petitioners this court did not find any merit in the petition, however, the petitioners therein were permitted to withdraw the same. It is in the said order that this court issued notice to the other co-accused named in the FIR, who were earlier granted bail by the learned Additional Sessions Judge to show cause as to why bail already granted to them be not cancelled as they were specifically named in the FIR as accused.

(2.) In reply to the show cause notice, the answering respondents filed affidavit stating that they have hot paid any bribe to any one in the present case to get them released on bail. It is further stated that they never misused the concession of bail ever since their release from jail. They are attending the court regularly on each and every date of hearing before the learned court below. The learned counsel for the answering respondents placed reliance on judgment of Hon'ble the Supreme Court in Hazari Lal Das v. State of West Bengal, 2009 4 RCR(Cri) 340 stating that bail once granted by the court cannot be cancelled and the considerations for grant of bail are not the same as are for the cancellation of bail.

(3.) On the other hand, learned counsel for the State submitted that the bail granted to accused persons should be cancelled as they collected on Jind-Kaithal Road and blocked the same. Two Roadways buses were also damaged by them. They spread violence by putting on fire Police Station, Kaithal. Such type of incidents need to be curbed with iron hands.