LAWS(P&H)-2009-8-40

MOHINDER SINGH Vs. STATE OF PUNJAB

Decided On August 03, 2009
MOHINDER SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) APPLICATION allowed as prayed for. Crl. Misc. No. 32536 of 2009 in Crl. Appeal No. 472-S.B. of 2001 filed under Section 389(1), Proviso II of Cr.P.C. is treated as application under Section 482 Cr.P.C. Crl. Misc. No. 32536 of 2009.

(2.) THE present application has been preferred by the applicant-complainant, praying therein cancellation of bail granted to appellant No. 2 Jagjit Singh s/o Tirath Singh s/o Achhar Singh, granted by this Court, vide order dated 25.07.2001, while suspending sentence of imprisonment and fine during the pendency of the appeal.

(3.) COUNSEL for the applicant-complainant relies upon the judgment of Hon'ble the Supreme Court in the case of Sunil Ful Chand Shah v. Union of India, 2000(2) RCR(Criminal) 176 : 2000(3) SCC 409, where Hon'ble the Supreme Court has defined the word bail. Further reliance has been made upon another judgment of Hon'ble the Supreme Court in the case of Raghubir Singh v. State of Bihar, 1986(4) SCC 481, wherein the grounds for cancellation of bail have been broadly spelt out and thereafter, judgment of Hon'ble the Supreme Court in the case of Pampapathy v. State of Mysore, AIR 1967 SC 286, with regard to inherent powers of the High Court to cancel order of suspension of sentence and grant of bail.