LACHHMI DEVI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) LOWER Court's record is received. An application under section 439 of the Code of Criminal Procedure was filed in the High Court on 30.4.1998 in connection with First Information Report No. 58 dated 28.3.1998 registered under Section 15 of the N.D.P.S. Act at Police Station Dhuri. This application was pending in the High Court, but in the meantime another bail application in this case was filed before the lower Court on 12.8.1998. In the bail application, it is mentioned that the petitioner does not know whether any other bail application is filed in any other Court on her behalf. Even when arguments were heard on 6.5.1998, it was not disclosed before the lower Court that her bail application is pending in the High Court Suppressing this fact, bail petition was argued and the learned lower Court has granted him bail vide order dated 16.5.1998.

(2.) CONSIDERING the above facts, bail granted to the petitioner on 16.5.1998 is hereby cancelled. She is directed to Surrender before the Special Judge within three days. Police is also directed to arrest her immediately. Bail petition is disposed of accordingly.

(3.) ORDER be conveyed to the trial Judge.