ANIL KUMAR Vs. KAMLESH

JUDGEMENT

(1.) THIS petition has been filed by the petitioner-complainant under Section 439(2) of Code of Criminal Procedure (in short, the Code) for cancellation of bail of respondent Nos. 1 and 2.

(2.) BRIEFLY stated, the facts of the case are that respondent Nos. 1 and 2 were arrested in the case FIR No. 135, dated 4th July, 1994, registered under Sections 323/324/325/326/506/34, Indian Penal Code, at Police Station Khol, Tehsil and District Rewari. The respondents filed an application for grant of bail in the Sessions Court which was rejected by the learned Additional Sessions Judge, Rewari on 18th August, 1994. Thereafter, the respondent No. 1 (Kamlesh) filed a bail application bearing Criminal Misc. No. 14594-M of 1994 under section 439 of the Code in this Court which was dismissed by a learned Single Judge of this Court on 6th October, 1994. While dismissing the said bail application, the following orders were passed :-

(3.) MR . Panwar, learned counsel appearing on behalf of the petitioner submitted that respondent No. 1 had concealed the material fact regarding rejection of his bail application by the High Court when he filed an application before the Sessions Court for bail on 13th December, 1994, and as such, the bail granted to the said respondent should be cancelled. He further submitted that in case the fact regarding cancellation of bail by the High Court had been brought to the notice of the learned Additional Sessions Judge, he would not have granted the bail to both the respondent Nos. 1 and 2. In support of his submissions, the learned counsel placed reliance on the following judgments :