PARVEEN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THROUGH this petition filed under Section 439(2) read with Section 482 of the Code of Criminal Procedure, petitioner has prayed for cancellation of bail granted to respondent No. 2 vide order dated 6.9.2003 (Annexure P-9) passed by Additional Sessions Judge, Rewari, in a criminal complaint under Sections 420/406/409/120-B of the Indian Penal Code.

(2.) PETITIONER filed a complaint before the trial Court against the accused persons under Sections 420/406/409/120-B IPC of the Indian Penal Code. On appreciation of preliminary evidence adduced by the complainant, the trial Magistrate, vide this order dated 6.7.2000, summoned the accused persons, including respondent No. 2 Mahender Singh for offences punishable under Sections 420/406/409/120-B of the Indian Penal Code. Respondent No. 2 evaded service for more than three years and did not appear before the trial Court. It was only after the non-bailable warrants were issued against the accused persons including respondent No. 2 that they surrendered before the trial Magistrate on 3.5.2003. Respondent No. 2 applied for bail, which was dismissed by the trial Magistrate vide order dated 5.8.2003.

(3.) FROM the facts narrated above, it abundantly clear that respondent No. 2 filed four bail applications in all, out of which three applications were got dismissed as withdrawn and thereafter he moved fourth bail application, which was listed before the Court of Shri Deepak Gupta, Additional Sessions Judge, Rewari and was allowed vide order dated 6.9.2003. Aggrieved by the said order, petitioner Parveen Kumar has moved this petition mainly on the ground that respondent No. 2 Mahender Singh has concealed true facts and played fraud on the Court.