SUPERINTENDENT, DISTRICT JAIL Vs. LIFE CONVICT RANDHIR SINGH

JUDGEMENT

(1.) THIS petition has been filed seeking cancellation of the bail granted to Randhir Singh vide this Court's order dated 18th of April, 1985 in Criminal Writ Petition No. 386 of 1985 and appended as Annexure P-1 to this petition. The respondent was convicted for life for offences under Section _302 of the Indian Penal Code and other allied offences by the Court of the Sessions Judge, Rohtak, on 24th of September, 1981. He filed Criminal Writ Petition No. 386 of 1985 in this Court praying for bail so as to enable him to appear in the Prabhakar Examination, which was to be held by Maharishi Daya Nand University, Rohtak and was to commence on 22nd April, 1985. This application was duly allowed and the following order was made on 18th of April, 1985 :-

(2.) NOTICE was issued to the respondent by this Court on 2nd of June, 1993 for 10th of June, 1993. On 10th of June, 1993, notice was once again issued for 29th of July, 1993 and on that date for 27th of August, 1993. On 27th of August, 1993, notice was again ordered to be issued to the respondent and also to his surety for 20th of September, 1993 and on that date, the case was adjourned for 15th of October, 1993, for notice on the respondent. On 15th October, 1995 the case was once again adjourned for service on the respondent to 18th of November, 1993 and on that date fresh notice was ordered for 11th of January, 1994, On 11th of January, 1994, this Court ordered that as several attempts have been made to effect service on the respondent, though without success, bailable warrants in the sum of Rs. 5000/- be issued against him for 24th of February, 1994 but these too, were received back unserved. The case was, thereafter, adjourned to 9th of March, 1994, 21st April 1994 and then to 25th of May, 1994 for providing correct address of the respondent so as to effect service upon him. On 25th of May, 1994, the case was once again adjourned to 27th of July, 1994 and on that date to 6th of September, 1994. On 6th of September, 1994, the case was adjourned to 5th of October, 1994 and on that date for today. I am conscious of the fact that bail once granted to an accused ought not to be cancelled without notice, but in the peculiar facts of the case, when bail was granted to the respondent without notice to the Advocate General and it was an interim bail only for the limited purpose of enabling him to appear in the Prabhakar Examination, which was to start on 22nd of April, 1985, notice on the respondent to my mind is not necessary. It will be seen that the conviction of the respondent had become final and his co-accused Sukhbir Singh who had also been released on bail in the same manner, did surrender to custody soon after the examination had been taken by him. To permit the respondent to remain on bail under these circumstances is an abuse of the process of this Court and calls for interference even without notice to the respondent. It will also be seen that numerous efforts have been made to effect service on the respondent but without success. The Court cannot be a silent spectator to this gross attempt to scuttle the due process of law.