SATINDER KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition filed under Section 397 read with Section 401 CrPC, challenge has been laid to order dated 28.6.2018 passed by learned Special Judge-II, Kullu, Himachal Pradesh in CrMP No. 169/18//278/18, whereby bail granted to the petitioner on 25.6.2018, has been cancelled and he has been taken into custody.

(2.) Facts, as emerge from the record are that the petitioner had moved a bail petition under Section 438 CrPC being CrMP No. 840 of 2015 for grant of anticipatory bail in case FIR No. 32/15 dated 28.4.2015 under Sections 420, 406, 468, 471 and 120B IPC and Section 13(i)(d)ii) of Prevention of Corruption Act, registered at Police Station, HP CID, Shimla. This court vide order dated 14.7.2015 (Annexure P-1) granted anticipatory bail subject to certain conditions inter alia that bail petitioner shall deposit loan amount allegedly taken by him on or before 31.10.2015 with the bank concerned. Since petitioner failed to deposit the amount in terms of aforesaid order passed by this Court, he came to be arrested, whereafter, petitioner filed an application under Section 439 CrPC before the learned Special Judge, Kullu, praying therein for grant of regular bail and learned Special Judge-II, Kullu, vide order dated 25.6.2018 (Annexure P-4), released the petitioner on bail subject to certain conditions. However, the fact remains that respondent-State subsequently filed an application (Annexure P-7), praying therein for cancellation of bail granted by the learned Special Judge vide order dated 25.6.2018.

(3.) Respondent-State averred before the learned Court below that since petitioner failed to deposit loan amount in terms of order dated 14.7.2015 passed by this Court in CrMP(M) No. 840 of 2015, whereby this Court, while granting anticipatory bail, had specifically directed him to deposit entire loan amount on or before 31.10.2015, bail petitioner could not be released on bail. Learned Special Judge, taking note of the averments contained in the application for cancellation of bail, cancelled the bail granted to the petitioner on 25.6.2018, on the ground that petitioner had not come before the Court with clean hands and concealed material facts with regard to order passed by this Court, whereby he was directed to deposit loan amount on or before 31.10.2015.